Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS

Document 61

Filed 05/11/2007

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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 Chief Judge Edward J. Damich

CONSENTED MOTION FOR EXTENSION OF TIME Pursuant to RCFC 6.1, Defendant hereby moves for an enlargement of time up to and including June 1, 2007, to respond to Plaintiff Samish Indian Nation's Opposition to United States' Motion to Dismiss Regarding Tribal Priority Allocation and Indian Health Service Funding ("Plaintiff's Opposition"). Defendant's reply in support of its Motion to Dismiss is currently due May 21, 2006. This is Defendant's first motion for an extension of time to respond to Plaintiff's Opposition. In support of this motion, Defendant states as follows: 1. On April 3, 2007, this Court entered an Order directing Plaintiff to file its

response to Defendant's Motion to Dismiss by May 2, 2007. The Order also provided that Defendant should file its reply to Plaintiff's response "in accordance with the Court's rules." Under the Court's rules, Defendant's reply is due May 21, 2007. 2. Defendant's undersigned counsel has two previously scheduled pleadings

due on May 21, 2007. 3. In addition, agency counsel for the Indian Health Service is on travel

during a large portion of Defendant's response time, and is also occupied with drafting a

Case 1:02-cv-01383-MMS

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Filed 05/11/2007

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pleading in another case. 4. brief. 5. The undersigned counsel consulted with Mr. Craig Dorsay, counsel for Accordingly, Defendant requires additional time to respond to Plaintiff's

Plaintiff, who stated that he did not object to an extension of time. 6. No other scheduling will be affected by an extension.

WHEREFORE, Defendant respectfully requests that this motion be GRANTED. Submitted this 11th day of May, 2007. Matthew J. McKeown Acting 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

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CERTIFICATE OF SERVICE I hereby certify that on May 11, 2007, I filed the foregoing CONSENTED MOTION FOR EXTENSION OF TIME 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 11th 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]