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

Case 1:01-cv-00039-BAF

Document 73

Filed 04/06/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WALTER B. FREEMAN,

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

No. 01-39L Honorable Bohdan A. Futey

JOINT STATUS REPORT The parties submit this Joint Status Report pursuant to the Court's order dated October 3, 2006, 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, began on March 12, 2007, in Portland, Oregon. Shortly afterwards, however, the hearing officer recessed the proceedings to allow Mr. Stephens, counsel for plaintiff, to attend to his father's care who had fallen seriously ill and subsequently passed away. Presently, the hearing will resume on April 10 and is expected to conclude by April 27. Mr. Stephens, counsel for plaintiff, has reviewed this report and consents to it

Case 1:01-cv-00039-BAF

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being filed on his behalf. Dated: April 6, 2007 Respectfully submitted,

MATTHEW J.McKEOWN 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

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Filed 04/06/2007

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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 6th day of April, 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__________