Free Motion to Lift Stay - District Court of Federal Claims - federal

Case 1:01-cv-00039-BAF

Document 83-3

Filed 03/25/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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

) ) ) ) ) ) ) ) ) )

No. 01-39L Honorable Bohdan A. Futey

DECLARATION OF RICHARD M. STEPHENS IN SUPPORT OF MOTION FOR RELIEF FROM SUSPENSION OR IMPOSITION OF CONDITIONS I, Richard M. Stephens, declare as follows: 1. I am a partner with Groen Stephens & Klinge LLP, counsel of record

representing Plaintiff in this matter. 2. Attached hereto as Exhibit A is a true and correct copy of the complaint the

Government filed against Freeman in the Department of Interior's Office of Hearings and Appeals. 3. The case was assigned to Judge Sweitzer who heard five weeks of testimony

from March 14, 2007 to June 1, 2007.

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4.

Exhibit B is a true and correct copy of Administrative Law Judge Harvey

Sweitzer's Order, dated August 10, 2007. 5. Exhibit C is a true and correct copy of Judge Sweitzer's Notice of Telephonic

Conference, dated May 3, 2007. 6. Exhibit D is a true and correct copy of the November 19, 1981 order in United

States v. Story, et al., attached to Judge Sweitzer's Notice of Telephonic Conference, dated May 3, 2007. 7. Exhibit E is a true and correct copy of the May 2, 2007 order in United States

v. Aloisi, et al., attached to Judge Sweitzer's Notice of Telephonic Conference, dated May 3, 2007. 8. On August 30, 2007, the Government filed an interlocutory appeal with the

Interior Board of Land Appeals (IBLA) along with a stipulated request that the appeal be expedited. Freeman then requested that his issue, whether present validity was at issue in the Government's complaint, also be certified for an interlocutory appeal. The request was granted and Freeman filed his interlocutory appeal with the IBLA on September 6. 2007. 9. Exhibit F is a true and correct copy of an Order received from the IBLA in the

interlocutory appeals in the case involving the Freeman mining claims. 10. Briefing before the IBLA on the issue was completed on October 18, 2007. I

have received no other communication from the IBLA either on the merits of the interlocutory appeals or on the request to expedite.

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I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and was executed by me this 25th day of March, 2008 at Bellevue, Washington.

/s/ Richard M. Stephens Richard M. Stephens

GROEN STEPHENS & KLINGE LLP 11100 NE 8th Street, Suite 750 Bellevue, Washington 98004 Telephone (425) 453-6206 Fax (425) 453-6224

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Declaration of Richard M. Stephens in Support of Motion for Relief from Suspension or Imposition of Conditions with attachments 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 25th day of March, 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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