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

Case 1:79-cv-04581-ECH

Document 162

Filed 07/19/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, Plaintiff, v. THE UNITED STATES, Defendant. THE ARAPAHO INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, Plaintiff, v. THE UNITED STATES, Defendant. JOINT MOTION FOR EXTENSION OF TIME The parties through their undersigned counsel jointly move for an order extending by two weeks the current deadline for the parties to achieve agreement on a final judgment regarding sand and gravel. The current deadline established by the Court is July 22, 2005. The parties seek an order extending the deadline to August 5, 2005. The plaintiff tribes have submitted to the Government a proposed Agreed Judgment on Remand Regarding Sand and Gravel, and an associated Joint Motion for its entry, which would terminate the sand and gravel phase of the litigation. The Government's trial counsel have completed their review of the proposed Agreed Judgment and Joint Motion, and have assembled a packet of relevant documents for review by their superiors within the Department of Justice. The parties are concerned that such review may not be quite complete by the current due date. Under the Court's current order, which was entered June 2, 2005, if agreement on a final sand and gravel judgment is not achieved by the July 22, 2005, due date, the plaintiff tribes 1 Nos. 4591-79 L Judge Hewitt Nos. 4581-79 L Judge Hewitt

Case 1:79-cv-04581-ECH

Document 162

Filed 07/19/2005

Page 2 of 2

would be required to file a motion for entry of judgment addressing the statute of limitations issue as reserved in the sand and gravel Settlement Agreement filed October 2, 2002. Counsel for the parties believe they are close enough to agreement that requiring the plaintiff tribes to file such a motion would not be a productive use of the parties' or the Court's resources. Counsel for the Government commit to using their best efforts to promote prompt completion of the Government's review. Dated: July 19, 2005. Respectfully submitted, s/Susan M. Williams by Richard M. Berley w/auth'n SUSAN M. WILLIAMS Williams & Works, P.A. P.O. Box 1483 Corrales, New Mexico 87048 (505) 899-7994 (Telephone) (505) 899-7972 (Facsimile) [email protected] Counsel of Record for Eastern Shoshone Tribe s/Richard M. Berley RICHARD M. BERLEY Ziontz, Chestnut, Varnell, Berley & Slonim 2101 4th Avenue, Suite 1230 Seattle, WA 98121 (206) 448-1230 (Telephone) (206) 448-0962 (Facsimile) [email protected] Counsel of Record for Northern Arapaho Tribe Kelly A. Johnson Acting Assistant Attorney General Environment and Natural Resources Division s/Terry M. Petrie by Richard M. Berley w/auth'n TERRY M. PETRIE Environment and Natural Resources Division U.S. Department of Justice 999 18th Street, Suite 945 Denver, CO 80202 (303) 312-7327 (Telephone) (303) 312-7379 (Facsimile) [email protected] Counsel of Record for United States

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