Free Joint Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00039-BAF

Document 77

Filed 07/09/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

WALTER B. FREEMAN,

No. 01-39L Honorable Bohdan A. Futey

JOINT STATUS REPORT The parties submit this Joint Status Report pursuant to the Court's order filed May 25, 2007, to provide information about the "proceedings and/or developments before the United States Department of Interior." The hearing before the United States Department of the Interior, Office of Hearings and Appeals, regarding the validity determinations of plaintiff's mining claims in the litigation before this Court, concluded on June 1, 2007. The administrate law judge set the following schedule for the parties: a. June 29, 2007: The parties file briefs regarding the administrative law judge's jurisdiction to determine the validity of plaintiff's mining claims for alleged takings dates of 1994 and 2000. b. August 24, 2007: The parties file opening briefs on the validity determination of plaintiff's mining claims with the administrative law judge.

Case 1:01-cv-00039-BAF

Document 77

Filed 07/09/2007

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c.

September 24, 2007: The parties file responsive briefs on the validity determination of plaintiff's mining claims with the administrative law judge.

Mr. Stephens, counsel for plaintiff, has reviewed this report and consents to the United States filing it on his behalf. Dated: July 9, 2007 Respectfully submitted,

RONALD J. TENPAS Acting 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

Case 1:01-cv-00039-BAF

Document 77

Filed 07/09/2007

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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 9th day of July, 2007, 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