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

Case 1:79-cv-00458-ECH

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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 interim deadlines. The parties have agreed to modify the interim deadlines set out below. The parties do not anticipate that these modifications will result in an extension of the June 30, 2005 deadline. a. The final production deadline of December 16, 2004, in paragraph 1(a) of the Scheduling Order is modified to March 31, 2005. The Government, however, shall produce images and coding to the Tribes on a rolling basis starting with approximately 20,000 images no No. 459b-79 L Judge Hewitt

December 17, 2004 No. 458b-79 L Judge Hewitt

Case 1:79-cv-00458-ECH

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later than January 26, 2005. Thereafter, the Government will produce images to the Tribes on a tri-weekly schedule with roughly equal amounts of images for each production. As soon as practicable, but not later than January 7, 2005, the Government will provide the Tribes with a test copy of approximately 25 images. Additional documents identified in SF-135s from the Wind River Agency, if any, will be separately scheduled. b. The request for production deadlines of December 20, 2004, in paragraph 1(c) and 1(d) of the Scheduling Order are modified to January 21, 2005. c. The current agreed inspection deadline of December 22, 2004, is modified to on or before January 26, 2005, to enable the Tribes to inspect approximately 14 boxes at the Fort Worth Federal Records Center that may relate to the Tribes.

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 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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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 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 Jerome L. Levine James K. Kawahara 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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