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

Case 1:92-cv-00675-ECH

Document 290

Filed 06/18/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION, et al., ) ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

No. 92-675 L Judge Emily C. Hewitt June 18, 2007

JOINT MOTION FOR ENLARGEMENT OF TIME IN THE AMOUNT OF SIX DAYS WITHIN WHICH TO FILE NEXT JOINT STATUS REPORT Pursuant to Rs.C.F.C. 6.1 and 7(b), the parties respectfully move the Court for an Order enlarging the time for filing the next Joint Status Report, currently due on June 20, 2007 pursuant to the Court's Order dated May 1, 2007, in the amount of six (6) days, to and including June 26, 2007. In support of their motion, the parties submit the following: 1. Although Counsel for the parties met in person in Washington, DC on May 7 and

8, 2007 regarding this case, since that time, Counsel for both sides have been unusually unavailable to confer and draft the Joint Status Report. 2. Plaintiffs' counsel was out of the office for an extended period, from May 15 to

June 11, 2007, due to a family medical matter requiring her presence in another state and was not available during this time to attend to work matters of a non-emergency nature. 3. Defendant's counsel was out of the office on business travel from June 4 to June

7, 2007 and again from June 11 to June 15, 2007. During her June 11 to June 15 travel, Defendant's counsel was in areas with limited internet and cellular telephone access, further -1-

Case 1:92-cv-00675-ECH

Document 290

Filed 06/18/2007

Page 2 of 3

limiting her ability to confer and work with Plaintiffs' counsel on the Joint Status Report. 4. Defendant's counsel is out of the office on personal travel from June 16 to June

25, 2007 and anticipates having only limited ability to confer with Plaintiffs' counsel and very limited ability to exchange with Plaintiffs' counsel and agency counsel drafts of a proposed joint filing by electronic mail or otherwise. 5. As a result of both counsels' uncommon obligations and unavailability, the parties

have had essentially no opportunity to confer and jointly draft the upcoming Joint Status Report. 6. The parties therefore seek to extend the filing date of the next Joint Status Report

by six (6) days from June 20, 2007 to and including June 26, 2007 to give them a reasonable opportunity to confer and jointly draft the status report. 7. Report. 8. Deferring the filing of this Joint Status Report to June 26, 2007 will not interfere There have been no previous enlargements of time for filing this Joint Status

with other aspects or delay the progress of the case.

-2-

Case 1:92-cv-00675-ECH

Document 290

Filed 06/18/2007

Page 3 of 3

9.

The next Status Conference in this case is scheduled for June 27, 2007 and the

parties are prepared to proceed with this Status Conference as scheduled.

Respectfully submitted on this 18th day of June, 2007.

/s/ Melody L. McCoy MELODY L. MCCOY Attorney of Record for Plaintiffs Native American Rights Fund 1506 Broadway Boulder, CO 80302 Tel: (303) 447-8760 Fax (303) 443-7776

/s/ Carol L. Draper CAROL L. DRAPER Attorney of Record for Defendant United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0465 Fax: (202) 353-2021 Of Counsel: Elisabeth C. Brandon Department of the Interior Office of the Solicitor

-3-