Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:01-cv-00027-EGB

Document 81

Filed 01/31/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PLACER MINING CO., INC., d/b/a/ THE NEW ) BUNKER HILL MINING CO., ) ) Plaintiff, ) ) vs. ) ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) )

No. 01-CV-27

Honorable Eric G. Bruggink

JOINT MOTION FOR ENLARGEMENT OF TIME TO EXCHANGE WITNESS AND EXHIBIT LISTS Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, the parties hereby jointly move for a 14-day enlargement of time, until February 16, 2007, in which to complete the informal exchange of tentative lists of witnesses and exhibits, as required by the Court's December 8, 2006 order. No prior enlargement of time in which to accomplish the exchanges has been ordered or sought. At present, the exchange of lists is required to be completed by February 2, 2007. In support of this request, undersigned counsel for defendants notes that he just last week received a shipment of potentially relevant documents from the EPA and the Army Corps of Engineers, and was advised today that a second installment, consisting of at least a half box of documents, will be received on February 1. Counsel for plaintiff indicates that he is presently preparing for a trial next week in another matter, and still needs to obtain documents from his client in Kellogg, Idaho. Counsel jointly request additional time in order to review these

Case 1:01-cv-00027-EGB

Document 81

Filed 01/31/2007

Page 2 of 3

documents and narrow them down to the subset relevant to the "non-access issues" referred to in the Court's December 8 order. To the extent that any of the documents described above have not previously been provided by either party to its opponent, the documents will be provided at the same time as the exchange of tentative witness and exhibit lists. January 31, 2007

Respectfully submitted,

MATTHEW J. MCKEOWN Acting Assistant Attorney General Environment & Natural Resources Division /S/ by John S. Most JOHN S. MOST Trial Attorney, Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D. C. 20004 (202) 616-3353, (202) 305-0274 (fax) Email: [email protected]

/S/ by John S. Most, with permission PAUL S. HARTER PAUL S. HARTER, P.C. January 31, 2007 (602) 256-0337, (602) 256-0432 (fax) [email protected]

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Case 1:01-cv-00027-EGB

Document 81

Filed 01/31/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that, on January 31, 2007, a copy of the foregoing Joint Motion for Enlargement of Time to Exchange Witness and Exhibit Lists was served by electronic filing (ECF) on the following individual at the email address of record:

Paul S. Harter, P.C. 1599 East Orangewood Avenue Suite 125 Phoenix, AZ 85020

/S/ John S. Most John S. Most