Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS

Document 62

Filed 05/30/2007

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

Case No. 02-1383L Chief Judge Edward J. Damich

UNOPPOSED MOTION TO EXCEED TWENTY-PAGE LIMIT FOR THE UNITED STATES' REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS Pursuant to RCFC 5.2(b)(2), the United States of America hereby moves to exceed the twenty (20) page limit for reply briefs or memorandums by no more than five (5) pages. In support of this motion, the United States sets forth the following: 1. As a result of the number of arguments at issue in the briefing on the United States'

Motion to Dismiss, the United States seeks an additional five pages in order to allow it to adequately respond to Plaintiff's opposition. 2. In addition, the United States' Motion to Dismiss was filed in March 2006, and dealt

with all of the issues in Plaintiff's Complaint. As this Court has limited the briefing to Plaintiff's claims regarding Tribal Priority Allocations and the Indian Health Service, the United States requests additional pages over the limit set by the Court's rules in order to clarify its argument. 3. this motion. Wherefore, the United States respectfully requests that the Court grant its motion to exceed the twenty-page limit for its reply in support of its Motion to Dismiss by no more than five pages. Counsel for the United States contacted counsel for Plaintiff, who does not object to

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Case 1:02-cv-01383-MMS

Document 62

Filed 05/30/2007

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Respectfully submitted this 30th day of May, 2007. MATTHEW J. McKEOWN Acting Assistant Attorney General s/ Devon Lehman McCune DEVON LEHMAN McCUNE, Trial Attorney United States Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout St. Denver, CO 80294 303-844-1487 303-844-1350 (fax) [email protected]

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Case 1:02-cv-01383-MMS

Document 62

Filed 05/30/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 30, 2007, I filed the foregoing UNOPPOSED MOTION TO EXCEED TWENTY-PAGE LIMIT FOR THE UNITED STATES' REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS 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 30th day of May, 2007.

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]