Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:01-cv-00039-BAF

Document 94

Filed 05/07/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WALTER B. FREEMAN, Plaintiff, vs. UNITED STATES, Defendant.

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No. 01-39L Honorable Bohdan A. Futey

PLAINTIFF'S PARTIAL WITHDRAWAL OF MOTION Plaintiff, Walter Freeman, on March 25, 2008, filed a Motion for Relief From Suspension of Proceedings or, in the Alternative, for Conditions1 out of concerns of delay related to the administrative resolution by the Interior Board of Land Appeals (IBLA) of whether his mining claims are valid. The IBLA has issued a decision on the pending interlocutory appeal, ruling that the Office of Hearings and Appeals (OHA) has jurisdiction to decide the validity of his claims. The decision is attached hereto as Exhibit A.

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The Motion was revised on April 29, 2008 to include tables and exhibit designations.

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Case 1:01-cv-00039-BAF

Document 94

Filed 05/07/2008

Page 2 of 3

Because the ruling provides that OHA has jurisdiction, Freeman hereby withdraws the portion of his motion requesting the Court to lift the suspension of proceedings and to require reimbursement of his attorneys fees and costs if OHA did not have jurisdiction. The matter still needs to be briefed to the OHA's Administrative Law Judge and decided by him. There is also the potential that appeals to the IBLA will need to be resolved before this matter returns to this Court. Therefore, Freeman's request in the pending motion that the stay be conditioned upon reimbursement of his annual claim maintenance fees remains pending before the Court. RESPECTFULLY SUBMITTED this 7th day of May, 2008.

By:

/s/ Richard M. Stephens Richard M. Stephens Attorneys for Walter B. Freeman GROEN STEPHENS & KLINGE LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 Telephone (425) 453-6206 Fax (425) 453-6224

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Case 1:01-cv-00039-BAF

Document 94

Filed 05/07/2008

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Plaintiff's Partial Withdrawal of Motion was served upon counsel for Defendant United States by electronic filing with the United States Court of Federal Claims using the CM/ECF system, and for counsel for the Siskiyou Project and Mineral Policy Center by regular mail, postage prepaid and properly addressed this 7th day of May, 2008, at Bellevue, Washington, to the following persons: Attorney for the United States: Terry M. Petrie Environment & Natural Resources Division U.S. Department of Justice 1961 Stout St., 8th Floor Denver, CO 80294 Attorney for Siskiyou Project and Mineral Policy Center: Roger Flynn, Esq. Western Mining Action Project P.O. Box 349 412 High St. Lyons, CO 80540

/s/ Richard M. Stephens

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