Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:01-cv-00039-BAF

Document 84

Filed 03/26/2008

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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 UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of Court of Federal Claims, Defendant United States respectfully requests an enlargement of 5 days, to and including April 16, 2008, in which to respond to Plaintiff's "Motion for Relief From Suspension of Proceedings Or, In the Alternative, For Conditions" ("Motion for Relief"). Defendant's response is currently due on April 11, 2008. This is defendant's first request for an enlargement of time for this purpose. Undersigned counsel has discussed this request with Richard M. Stephens, counsel for plaintiff, who advises that he does not oppose the requested enlargement of time. Defendant seeks the enlargement of time for two reasons. One is to permit coordination with the agency counsel who has handled the litigation for the agency while this case has been on remand. Agency counsel is presently out of his office through April 3, 2008. The second reason relates to the time needed for undersigned counsel to meet previous requirements in other cases. Those obligations include a telephonic status conference in Shoshone v. United States, Nos. 79-4582 L and 79-4592 L (Fed. Cl.) on April 2, 2008; a joint status report due in Kaw Nation v. United States, No. 06-934 L (Fed. Cl.) on April 8, 2008; a joint status report due in Kaw Nation v. Kempthorne, et al., No. 06-cv-01437 (WD OK) on April

Case 1:01-cv-00039-BAF

Document 84

Filed 03/26/2008

Page 2 of 3

9, 2008; and travel to Oklahoma for April 10-11, 2008, for a status conference in Seminole Nation of Oklahoma v. Kempthorne, et al., No. 06-cv-0556 (ED OK). For the foregoing reasons, Defendant respectfully requests that the Court grant this motion for an enlargement of time to and including April 16, 2008, in which to respond to Plaintiff's Motion for Relief. Dated: March 26, 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 U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, Colorado 80294 Telephone: (303) 844-1369 Facsimile: (303) 844-1350 Attorney for Defendant OF COUNSEL: Holly McLean Office of the General Counsel Department of Agriculture Portland, OR 97204 Brad Grenham Office of the Regional Solicitor Department of the Interior Portland, OR 97232

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Case 1:01-cv-00039-BAF

Document 84

Filed 03/26/2008

Page 3 of 3

CERTIFICATE OF SERVICE I certify that copies of the foregoing "JOINT STATUS REPORT" 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 26th day of March, 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

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