Free Motion to Stay - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS

Document 73

Filed 01/08/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ SAMISH INDIAN NATION, a federally ) recognized Indian tribe, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

Case No. 02-1383L Judge Margaret M. Sweeney

MOTION TO STAY BRIEFING ON NAVAJO NATION V. UNITED STATES Pursuant to RCFC 6.1, Defendant hereby requests that the Court stay briefing on the relevancy of the Federal Circuit's decision in Navajo Nation v. United States because the United States has filed a petition for rehearing and rehearing en banc in that case. In support of this motion, Defendant states as follows: 1. 2. On September 17, 2007, the Federal Circuit issued a decision in Navajo. On December 18, 2007, this Court entered an Order directing the parties

to file supplemental briefs on the relevancy of the Federal Circuit's decision in Navajo by February 1, 2008. 3. On November 28, 2007, the United States filed a combined petition for

rehearing and rehearing en banc. The Navajo Nation filed a response to the United States' petition on December 13, 2007. The petition is currently pending before the Federal Circuit. 4. While Defendant does not believe the Federal Circuit's decision in Navajo

is relevant to the instant matter, the Federal Circuit's decision on the petition for rehearing and rehearing en banc could affect the parties' briefing.

Case 1:02-cv-01383-MMS

Document 73

Filed 01/08/2008

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5.

Accordingly, in order to preserve judicial resources, as well as the parties'

time and expense, Defendant requests that this Court stay the supplemental briefing on the relevancy of the Navajo decision until the Federal Circuit issues a ruling on the United States' petition. WHEREFORE, Defendant respectfully requests that this motion be GRANTED. Submitted this 8th day of January, 2008. RONALD J. TENPAS Assistant Attorney General s/ Devon Lehman McCune DEVON LEHMAN McCUNE Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 (303) 844-1487 (tel.) (303) 844-1350 (fax) [email protected]

OF COUNSEL: Jason Roberts Office of the Solicitor United States Department of the Interior Washington, D.C. Melissa A. Jamison United States Department of Health and Human Services Office of General Counsel Indian Health Service Rockville, MD

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Case 1:02-cv-01383-MMS

Document 73

Filed 01/08/2008

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CERTIFICATE OF SERVICE I hereby certify that on January 8, 2008, I filed the foregoing MOTION TO STAY BRIEFING ON NAVAJO NATION V. UNITED STATES with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all parties in this matter.

DATED this 8th day of January, 2008.

s/ Devon Lehman McCune Devon Lehman McCune, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 (303) 844-1487 (tel.) (303) 844-1350 (fax) [email protected]

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Case 1:02-cv-01383-MMS

Document 73

Filed 01/08/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ SAMISH INDIAN NATION, a federally ) recognized Indian tribe, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

Case No. 02-1383L Judge Margaret M. Sweeney

[PROPOSED] ORDER This matter having come before the Court on Defendant's Consented Motion for Extension of Time, it is hereby ordered that the motion is GRANTED.

____________________________ Judge Margaret M. Sweeney Dated: __________________

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