Free Response to Motion - District Court of Federal Claims - federal

Case 1:03-cv-02684-CFL

Document 444

Filed 03/26/2007

Page 1 of 3

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

Case No. 03-2684L Hon. Charles F. Lettow Electronically filed on March 26, 2007

DEFENDANT'S RESPONSE TO SAUL GROUP'S MOTION TO AMEND THE CAPTION TO CORRECT CERTAIN MISSPELLED NAMES AND REMOVE JOHN DOE PLAINTIFFS (Dkt 436) Defendant, the United States, submits this response to the Saul Group's Motion to Amend their Complaint (Dkt No. 436). Defendant does not object to the relief requested, that is, the amendment of the caption of the Saul Group's Complaint in Intervention (Dkt. No. 266)1/ to correct certain misspelled names, and clarify maiden names of certain intervenors, all as listed on pages 4 and 5 of their motion (Dkt No. 436) and to eliminate all of the Saul Group's John Doe Plaintiffs from the case (and remove their names from the caption of the Complaint);2/ however, Defendant requests that,

The Saul Group's original proposed Complaint in Intervention was docketed as Dkt No. 169; after the Court granted the group intervention on August 22, 2006, the Complaint in Intervention was docketed as Dkt No. 266. The Saul Group's First Amended Complaint in Intervention, filed with its motion, contains a reference to the "Cournoyer family," at page 10, paragraph 2. In a telephone conversation concerning that portion of its filing, the Saul Group's counsel informed Defendant's counsel that the reference to the "Cournoyer family" in that paper was an error, and was not an attempt to add additional intervenors. Defendant reserves its rights to object to the addition of additional
2/

1/

Case 1:03-cv-02684-CFL

Document 444

Filed 03/26/2007

Page 2 of 3

should the Court grant the motion and accept the proposed corrections, the Saul Group provide to the Court and the parties a complete corrected caption and, in a format to be determined, an electronic list setting forth the complete list of the correct names of the members of the PlaintiffIntervenors in the Saul Group.

Dated: March 26, 2007

MATTHEW J. MCKEOWN Acting Assistant Attorney General Environment and Natural Resources Division

/s Laura Maroldy 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] Attorney of Record for the Defendant THOMAS ZIA SARA CULLEY Trial Attorneys Natural Resources Section Environment and Natural Resources Division United States Department of Justice Washington, D.C. 20044-0663 OF COUNSEL: Janet Goodwin Angela Kelsey Office of the Solicitor United States Department of the Interior

intervenors by the Saul Group. 2

Case 1:03-cv-02684-CFL

Document 444

Filed 03/26/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 26th day of March, 2007, I directed that the NOTICE OF ELECTRONIC FILING of the foregoing DEFENDANT'S RESPONSE TO SAUL GROUP'S MOTION TO AMEND THE CAPTION be sent by U.S. MAIL, FIRST-CLASS POSTAGE PREPAID, to: Kermit A. Belgarde, # 905798 Airway Heights Correction Center NORA UNIT B-39-L P.O. Box 1839 Airway Heights, WA 99001-1839 Francis Felix P.O. Box 141232 Minneapolis, MN 55414 Philip Baker-Shenk Holland & Knight, LLP 2099 Pennsylvania Avenue, NW Suite 100 Washington, DC 20006

Dated: March 26, 2007

/s Laura Maroldy Laura Maroldy

3