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

Case 1:02-cv-01383-MMS

Document 38

Filed 03/09/2006

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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

DEFENDANT'S UNCONTESTED MOTION TO EXCEED PAGE LIMIT Pursuant to RCFC 5.2, Defendant hereby respectfully requests that the Court permit Defendant to exceed the page limit under the Court's Local Rules on its Motion to Dismiss Plaintiff's Second Amended Complaint. At this time, Defendant is not certain how long its brief will be, but requests permission to file a brief of up to 70 pages in length. Defendant's brief is due March 13, 2006. In support of this motion, Defendant states as follows: 1. Plaintiff's Second Amended Complaint enumerates its allegations that the

United States wrongfully failed to provide funding to Plaintiff under a variety of statutes. The parties agree that the question remaining in the case after remand is whether these statutes are money-mandating. Plaintiff's Second Amended Complaint alleges that Plaintiff did not receive funding under at least fifteen different programs. 2. Defendant requests additional pages to respond thoroughly to all of

Plaintiff's allegations. Plaintiff's complaint addresses a number of complicated legal statutes, as well as complex legal issues.

Case 1:02-cv-01383-MMS

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Filed 03/09/2006

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3.

On March 9, 2006, the undersigned counsel conferred with counsel for

Plaintiff, Craig J. Dorsay, Esq., to request an extension of the Court's page limitation. Mr. Dorsay stated that Plaintiff consents to this motion. Defendant does not object to a similar extension of the page limits for Plaintiff's brief in response. Wherefore, Defendant respectfully requests that this motion be GRANTED. Respectfully submitted this 9th day of March, 2006. SUE ELLEN WOOLDRIDGE Assistant Attorney General s/Devon Lehman McCune DEVON LEHMAN McCUNE, Trial Attorney United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington DC 20044-0663 202-305-0434 202-305-0506 (fax)

OF COUNSEL: Jason Roberts Office of the Solicitor United States Department of the Interior Washington, D.C. 20240

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Case 1:02-cv-01383-MMS

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Filed 03/09/2006

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CERTIFICATE OF SERVICE I hereby certify that on March 9, 2006, I filed the foregoing DEFENDANT'S UNCONTESTED MOTION TO EXCEED PAGE LIMIT 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 9th day of March, 2006.

s/Devon Lehman McCune DEVON LEHMAN McCUNE, Trial Attorney United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington DC 20044-0663 202-305-0434 202-305-0506 (fax)

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