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

Case 1:03-cv-02684-CFL

Document 410

Filed 01/22/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ SHELDON PETERS WOLFCHILD, et al., ) ) ) Plaintiffs, ) ) ) JULIA DUMARCE, et al. ) ) ) Plaintiff-Intervenors, ) ) v. ) ) THE UNITED STATES OF AMERICA ) ) Defendant. ) ) ____________________________________)

Case No. 03-2684L Hon. Charles F. Lettow

Electronically filed on January 22, 2007

DEFENDANT'S MOTION TO EXTEND THE TIME FOR DEFENDANT TO FILE ITS RESPONSES TO THE MOTION TO AMEND SECOND AMENDED COMPLAINT FILED BY PLAINTIFF-INTERVENORS JULIA DUMARCE (DKT. NO. 397) AND MOTION TO INTERVENE FILED BY VICTORIA ROBERTSON VADNAIS (DKT. NO. 400) Defendant, the United States, moves pursuant to RCFC 6.1 for an extension to and including February 2, 2007, of the time to file its responses to the Motion to Amend Second Amended Complaint filed by Plaintiff-Intervenors Julia DuMarce, et al. (Dkt. No. 397) and Motion to Intervene filed by Victoria Robertson Vadnais, et al. (Dkt. No. 400). The grounds for this request appear below. 1. Defendant received notice of the filing of the Motion to Amend Second Amended Complaint filed by Plaintiff-Intervenors Julia DuMarce, et al. (Dkt. No. 397) through the Court of Federal Claim's Case Management/Electronic Case Filing

Case 1:03-cv-02684-CFL

Document 410

Filed 01/22/2007

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system on January 18, 2007. While a service date of January 8, 2007 is noted in conjunction with this filing, Defendant did not receive a copy of the Motion to Amend Second Amended Complaint filed by Plaintiff-Intervenors Julia DuMarce, et al. (Dkt. No. 397). 2. Counsel for Defendant contacted counsel for Plaintiff-Intervenors Julia DuMarce, et al. in order to obtain a copy of the Motion to Amend Second Amended Complaint (Dkt. No. 397). On January 22, 2007, counsel for Plaintiff-Intervenors Julia DuMarce, et al. stated that he would send a copy of this pleading to Defendant through overnight mail services. 3. Defendant's response to the Motion to Amend Second Amended Complaint by Plaintiff-Intervenors Julia DuMarce, et al. (Dkt. No. 397) is currently due on January 25, 2007. 4. Defendant received the Motion to Intervene filed by Victoria Robertson Vadnais, et al. (Dkt. No. 400) on January 12, 2007. 5. Defendant's response to the Motion to Intervene filed by Victoria Robertson Vadnais, et al. (Dkt. No. 400) is currently due on January 26, 2007. 6. Because of the Defendant's need to prepare for the hearing set for January 25, 2007 in the above captioned matter, counsel for Defendant anticipates substantial difficulty in preparing Defendant's responses and communicating with co-counsel and agency counsel between the dates that these filings were received and the current respective response due dates of January 25 and 26, 2007. 7. Defendant has not requested any other extensions of time with regards to these

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Case 1:03-cv-02684-CFL

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response deadlines. 8. On January 22, 2006, counsel for Defendant e-mailed counsel for all parties and advised them that the United States would be seeking the aforementioned extension of time. As of the time this motion was finalized for filing with the Court, counsel for Defendant had received responses from the parties listed below, through their counsel, all of whom indicated consent or no objection to the requested extension. 9. Gary Montana, counsel for Plaintiff-Intervenors Julia DuMarce, et al., informed Defendant's counsel that there was no objection to the requested extension regarding his client's Motion to Amend Second Amended Complaint. 10. Kelly Stricherz, counsel for the Mozak Group of Plaintiff-Interveners, informed Defendant's counsel that they consent to the requested extension. 11. Larry Leventhal, on behalf of the Burley Group of Interveners, informed counsel for Defendant that his clients do not object to the requested extension. 12. Lawrence Crosby, counsel for Stanley F. Cermak, Sr. And Raymond Cermak, Sr. interveners, informed Defendant's counsel that his clients do not object to the requested extension. 13. Nicole Nachtigal Emerson, counsel for interveners Francine Garreau, et al, informed undersigned counsel that her clients do not object to the requested extension. 14. Robin Zephier, on behalf of the Zephier Group of interveners, informed counsel for Defendant that the Zephier Group does not object to the requested extension.

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Case 1:03-cv-02684-CFL

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Filed 01/22/2007

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15.

Scott A. Johnson, counsel for Rocque, Taylor and Prescott Descendants Interveners, informed counsel for Defendant that his clients do not object to the requested extension.

16.

Wood Foster, counsel for Interveners Mary Beth Lafferty, et al, Anita D. Whipple, et al, Bonnie Rae Lowe, et al, Lenor Ann Scheffler Blaeser, et al, informed Defendant's counsel that his clients do not object to the requested extension.

17.

Philip Baker-Shenk, counsel for Shakopee Mdewakanton Sioux Community and the Prairie Island Indian Community, informed counsel for Defendant that his clients do not object to the requested extension.

18.

R. Deryl Edwards, Jr., counsel for Victoria Robertson Vadnais, et al. informed counsel for Defendant that his clients do not object to the requested extension.

19.

Bernard Rooney, counsel for Rooney Group of interveners, informed Defendant's counsel that his clients do not object to the requested extension.

20.

Peter Gray, on behalf of Lower Sioux Interveners, informed Defendant's counsel that his client does not object to the requested extension.

21.

Elizabeth T. Walker, counsel for interveners John Does 1-30, informed Defendant's counsel that her clients do not object to the requested extension.

22.

As of the time this motion was finalized for filing with the Court, counsel for Defendant's office had not received any objections to the requested extension.

23.

Granting the relief requested will not unduly delay the resolution of this case, nor prejudice any party.

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Case 1:03-cv-02684-CFL

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24.

For all of these reasons, the motion for an extension should be granted.

Dated: January 22, 2007.

Respectfully submitted,

MATTHEW J. MCKEOWN Acting Assistant Attorney General Environment and Natural Resources Division /s Laura Maroldy by Sara Culley LAURA MAROLDY Natural Resources Section Environment and Natural Resources Division United States Department of Justice Benjamin Franklin Station, P.O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 514-4565 Facsimile: (202) 305-0506 Email: [email protected] Attorneys of Record for the Defendant TOM ZIA SARA CULLEY Trial Attorneys Natural Resources Section Environment and Natural Resources Division United States Department of Justice Washington, D.C. 20044

OF COUNSEL: Janet Goodwin Angela Kelsey Office of the Solicitor United States Department of the Interior

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