Free Notice (Other) - District Court of Federal Claims - federal

Case 1:79-cv-00458-ECH

Document 424

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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 NOTICE OF MODIFICATION OF INTERIM DEADLINES Pursuant to paragraph 1(g) of the Court's Order of August 27, 2004 ("Scheduling Order"), the parties hereby submit their written agreement modifying the interim deadlines set out in paragraph 1(e) of the Scheduling Order. According to the Scheduling Order, the parties are required to submit their final request for production of any documents not covered by paragraphs 1(a) through 1(d) on or before January 12, 2005, and to make such responsive documents available for the opposing party on or before March 21, 2005. No. 459b-79 L Judge Hewitt

Filed Electronically: January 4, 2005 No. 458b-79 L Judge Hewitt

Case 1:79-cv-00458-ECH

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The parties have agreed that they may each submit their respective final requests for production no later than March 21, 2005, and that they will each make responsive documents available on a rolling basis between the dates of April 21, 2005, and May 19, 2005. The parties do not anticipate that this modification will result in an extension of the June 30, 2005 deadline.

Respectfully submitted, By: s/ Steven D. Gordon By: by s/ Brett D. Burton Steven D. Gordon Lynn E. Calkins Jennifer M. Mason Holland & Knight LLP 2099 Pennsylvania Ave., NW, Suite 100 Washington, DC 20006 Telephone: (202) 955-3000 Facsimile: (202) 955-5564 Attorneys for the Eastern Shoshone Tribe THOMAS L. SANSONETTI Assistant Attorney General By: s/ Brett D. Burton_ Brett D. Burton Nicolette Romano ­ of counsel General Litigation Section Environment and Natural Resources Division U.S. Department of Justice 601 D Street, N.W. Washington, DC 20004 Telephone: (202) 305-0212 Facsimile: (202) 353-2021 Attorneys for the United States Of Counsel to the Eastern Shoshone Tribe: John C. Schumacher Law Office of John Schumacher Jerome L. Levine James K. Kawahara s/ Richard M. Berley by s/ Brett D. Burton Richard M. Berley Brian W. Chestnut Ziontz, Chestnut, Varnell, Berley & Slonim 2101 Fourth Avenue, Suite 1230 Seattle, WA 98121 Telephone: (206) 448-1230 Facsimile: (206) 448-0962 Attorneys for the Northern Arapaho Tribe

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Case 1:79-cv-00458-ECH

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P.O. Box 748 Fort Washakie, WY 82514-0748 Telephone: (307) 335-8910 Facsimile: (307) 335-8911 Of Counsel to Defendant: Stephen Simpson Office of the Solicitor Division of Indian Affairs U.S. Department of the Interior 1849 C St, N.W. Mail Stop 6456-MIB Washington, D.C. 20240 Telephone: (202) 219-1659 Facsimile: (202) 208-3490

Holland & Knight LLP 633 West Fifth Street, 21st Floor Los Angeles, CA 90071 Telephone: (213) 896-2400 Facsimile: (213) 896-2450

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Case 1:79-cv-00458-ECH

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U,S~,rDcpartment of Justice zL~ ,,~,, Environment and Natural Resources Division

04 DEC 12
Brett D. Burton (202) 305-0212 Direct Dial (202) 353-2021 Primary Telef~ Natural Resources Section P.O. Box 663 Washington, D.C, 20044-0663

December 27, 2004

Steven D. Gordon Holland & Knight LLP 2099 Pennsylvania Ave., NW, Suite 100 Washington, DC 20006 Richard M. Berley Ziontz, Chestnut, Varnell, Berley & Slonim 2101 Fourth Avenue, Suite 1230 Seattle, WA 98121 John Schumacher Law Office of John Schumacher 420 E. Washington Avenue Riverton, Wyoming 82501-4487
Re:

Shoshone and Arapaho Tribes of the Wind River Reservation, Nos. 458-79L, 459-79L (Court of Federal Claims) (Hewitt)

Dear Messrs. Gordon, Berley, and Schumacher: Per our previous discussions, it is the Government's understanding that the parties have agreed to modify the production deadline of January 12, 2005, set out in paragraph l(e) of the Scheduling Order, dated August 27, 2004. As it stands, according to the Court's Order, the parties are currently required to submit their final requests for production of any documents not covered by paragraphs 1 (a) through 1 (d) on or before January 12, 2005, and to make such responsive documents available for the opposing party on or before March 21, 2005. The parties have since verbally agreed they may each submit their respective final requests for production no later than March 21, 2005. The date for the responding parties to begin making responsive documents available is also herebymodified to April 21, 2005; the parties agree theywill conduct initial privilege reviews and make responsive documents available on a rolling basis between the dates of April 21, 2005, and May 19, 2005, in accordance with a mutually-agreeable inspection schedule. The parties will ensure that priyilege reviews are done in a timely fashion prior to the time scheduled for each requesting party's inspection. The rest of paragraph l(e) remains unchanged.

Case 1:79-cv-00458-ECH

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December 27, 2004 Page 2 This schedule is subject to modification by mutual agreement of the parties. Please notify me as soon as possible if this is not your understanding of our agreement. If you concur with this modification to the schedule, please indicate your concurrence below. I will forward the agreement of the parties to the Court in accordance with paragraph l(g) of the Scheduling Order.

Sincerely,

Brett D. Burton Trial Attorney

Concur:

Steven D. Gordon Date: t a [3. /,~ y

/~ -~

Richard M. Berley ~

cc:

Terry Petrie Nicolette Romano Stephen Simpson