Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:04-cv-01544-LMB

Document 80

Filed 08/10/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE ELLAMAE PHILLIPS COMPANY, ) a Colorado Registered LLP ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) _______________________________ )

No. 04-1544L Judge Lawrence M. Baskir

DEFENDANT'S MOTION FOR APPROVAL OF PROPOSED SCHEDULE Defendant, the United States of America, hereby submits this Motion for Approval of Proposed Schedule in accordance with the Court's Order, dated August 7, 2007. The parties have agreed that the United States should be permitted a reasonable period of time to evaluate the Court's July 3, 2007 ruling and determine whether to ask the Court to certify an interlocutory appeal to the United States Court of Appeals for the Federal Circuit, pursuant to 28 U.S.C. Section 1292(d)(2). See Joint Status Report, dated Aug. 1, 2007. Accordingly, Defendant requests that the Court order that the parties submit a further Joint Status Report once the United States reaches a decision on whether to request the Court to certify an interlocutory appeal, but no later than October 1, 2007.
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Case 1:04-cv-01544-LMB

Document 80

Filed 08/10/2007

Page 2 of 2

This motion was prepared by counsel for the United States, and reviewed by counsel for the Plaintiff. Although Plaintiff's counsel agreed to the parties' August 1, 2007 Joint Status Report, the undersigned counsel understands that Plaintiff intends to file a separate pleading, which will indicate that Plaintiff takes no position with respect to the granting of this motion. Respectfully submitted this 10th day of August, 2007. RONALD J. TENPAS Acting Assistant Attorney General

_/s/ William J. Shapiro_____ WILLIAM J. SHAPIRO Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section 501 I Street Suite 9-700 Sacramento, CA 95814 (916) 930-2207 (phone) (916) 930-2210 (fax)

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