Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:01-cv-00039-BAF

Document 88

Filed 04/23/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS WALTER B. FREEMAN Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 01-39L Honorable Bohdan A. Futey

DEFENDANT'S MOTION FOR LEAVE TO FILE AN AMENDED RESPONSE TO PLAINTIFF'S MOTION FOR RELIEF FROM SUSPENSION OF PROCEEDINGS OR, IN THE ALTERNATIVE, FOR CONDITIONS On April 16, 2008, Defendant filed its response to Plaintiff's "Motion for Relief From Suspension of Proceedings Or, In the Alternative, For Conditions" ("Motion for Relief"). Plaintiff's reply is presently due on April 28, 2008. Defendant respectfully requests permission to file an amended response (as attached) because of additional information has come recently to Defendant's attention that will provide information useful to the Court's decision on the pending motion. Plaintiff's Motion for Relief expresses concern, among other reservations, about the timing of when the Interior Board of Land Appeals will decide a pending interlocutory appeal. Yesterday, the Docket Attorney for the Board informed counsel for the Department of the Interior by letter dated April 22, 2008 (with a copy to counsel for the Plaintiff) that the Board believes a decision will be issued within the next several months, if not sooner. If granted, Defendant's response would be amended to include two additional sentences beginning at the bottom of page 19 of the attached amended response and the April 22, 2008 letter as Exhibit 10.

Case 1:01-cv-00039-BAF

Document 88

Filed 04/23/2008

Page 2 of 3

Dated: April 23, 2008

Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division

s/Terry M. Petrie TERRY M. PETRIE Trial Attorney Environment & Natural Resources Division Department of Justice 1961 Stout Street 8th Floor Denver, CO 80294 Phone: (303) 844-1369 Fax (303) 844-1350 [email protected] Attorney for Defendant OF COUNSEL: Brad Grenham Office of the Regional Solicitor Department of the Interior Portland, OR Holly McLean Office of the General Counsel Department of Agriculture Portland, OR

2

Case 1:01-cv-00039-BAF

Document 88

Filed 04/23/2008

Page 3 of 3

CERTIFICATE OF SERVICE I certify that copies of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE AN AMENDED RESPONSE TO PLAINTIFF'S MOTION FOR RELIEF FROM SUSPENSION OF PROCEEDINGS OR, IN THE ALTERNATIVE, FOR CONDITIONS" were served upon counsel for Walter B. Freeman by electronic filing with the United States Court of Federal Claims and for counsel for the Siskiyou Project and Mineral Policy Center by regular mail, postage prepaid, properly addressed this 23rd day of April, 2008, to:

Richard M. Stephens, Esq. Groen Stephens & Klinge, LLP 11100 NE 8th Street Suite 750 Bellevue, WA 98004 Attorney for Walter B. Freeman (By electronic filing) Roger Flynn, Esq. WESTERN MINING ACTION PROJECT P.O. Box 349 412 High Street Lyons, CO 80540 Attorney for the Siskiyou Project and Mineral Policy Center (By mail)

s/Terry M. Petrie__________ TERRY M. PETRIE