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

Case 1:01-cv-00039-BAF

Document 71

Filed 10/02/2006

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

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) Electronically filed: October 2, 2006 No. 01-39L Honorable Bohdan A. Futey

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JOINT STATUS REPORT The parties submit this Joint Status Report pursuant to the Court's order dated October 10, 2001, to provide information about the "proceedings and/or developments before the United States Department of Interior" regarding the validity determinations of plaintiffs mining claims in the litigation before this Court. As noted in prior Joint Status Reports, on March 16, 2005, the United States, acting by and through the Bureau of Land Management and on behalf of the United States Forest Service (hereafter "Contestant"), issued a Complaint captioned as Contest Number OR 48970 A. Contestant transmitted the Complaint and Answer to the United States Department of the Interior, Office of Hearings and Appeals, on April 22, 2005 for hearing and decision pursuant to 43 C.F.R. Part 4. By Order of October 11, 2005, the Office of Hearings and Appeals authorized the parties to undertake discovery in preparation for the hearing. The parties have taken discovery and will be taking depositions over the next several months, ending in December, 2006. The hearing date was previously scheduled to begin on January 17, 2007, and has recently been re-scheduled to commence on March 12, 2007, in Portland, Oregon, to

Case 1:01-cv-00039-BAF

Document 71

Filed 10/02/2006

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accommodate the taking of depositions. The hearing is expected to take three weeks to complete. Mr. Stephens, counsel for plaintiff, has reviewed this report and consents to it being filed on his behalf. Per the Court's order dated October 10, 2001, the next status report will be due on January 2, 2007. Dated: October 2, 2006 Respectfully submitted,

SUE ELLEN WOOLDRIDGE 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 71

Filed 10/02/2006

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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 and for the Siskiyou Project and Mineral Policy Center by electronic filing with the United States Court of Federal Claims this 2nd day of October, 2006, to:

Richard M. Stephens, Esq. Groen Stephens & Klinge, LLP 1 ] 100 NE 8th Street, Suite 750 Bellevue, WA 98004 Attorney for Walter B. Freeman

Roger Flynn, Esq. WESTERN MINING ACTION PROJECT 2260 Baseline Road, Suite 101A Boulder, CO 80302 Attorney for the Siskiyou Project and Mineral Policy Center

s/Terry M. Petrie