Motion for Extension of Time to File Reply Brief
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
ROBSON BONNICHSEN, C. LORING BRACE, GEORGE W. GILL, C. VANCE
HAYNES, JR., RICHARD L. JANTZ, DOUGLAS W. OWSLEY, DENNIS J.
STANFORD and D. GENTRY STEELE,
UNITED STATES OF AMERICA,
CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, NEZ PERCE
TRIBE CONFEDERATED TRIBES OF THE UMATILLA INDIAN
RESERVATION, CONFEDERATED TRIBES AND BANDS OF THE YAICAMA
MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
The United States and other federal defendants, appellants in No. 02-35994, request an extension of time to and including July 1, 2003, to file a reply brief that would otherwise be due on June 9, 2003. The reasons supporting this request areset forth in the attached declaration of council.
Ellen J. Durkee
DECLARATION OF COUNSEL IN SUPPORT OF MOTION FOR EXTENSION OF TIME
1. I am the attorney in the Department of Justice with primary responsibility for representing the federal defendants-appellants in Bonnichsen v. United States , 9th Cir. No. 02-35994. Without an extension, the federal appellants' reply brief is due on June 9, 2003. The federal appellants request a 22-day extension of time to, and including July 1, 2003, to file their reply brief. This is the first extension of time on the reply brief requested by the federal appellants.
2. The reasons supporting the federal appellants' request are as follows:
I am unable to prepare of the government's brief in this case by June 9, 2003, because I have an answering brief due on an extension of time on June 13,2003, in Friends of Marolt Park v. U. S. Dept. of Transportation, 10th Cir. No. 02-1480.
Appellees mailed their answering brief in the instant case on May 21, 2003. Given the number of inquiries, I expect that several amici will be filing briefs in support of appellees. Amici briefs are not due for filing until May 28, 2003. An extension of time is needed to allow sufficient timne for federal appellants to prepare a reply, if needed to arguments by amici.
After I complete a draft of the brief in this case, it must be extensively reviewed within the Department of Justice and by the Department of the Interior and Corps of Engineers. This review process takes approximately one week.
4. Counsel for appellees, Paula Barran, opposes any extension of time for the filing of federal appellants' reply notwithstanding the fact that this Court accorded appellees two extensions of time to file their answering brief in orders concerning the filing of briefs by amici supporting appellants, and the fact that appellees therefore filed their answering brief 68 days after the federal appellants filed their opening brief.
5. I will exercise diligence to ensure that the federal appellants' brief will be filed within the additional time requested.
Return to Communications with the Court