Appellees Response to Request for Extension (Intervenors-Appellants)
Alan L. Schneider, OSB No. 68147
Paula A. Barran, OSB No. 80397
Attorneys for Plaintiffs-Appellees
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
ROBSON BONNICHSEN, et al.,
UNITED STATES OF AMERICA, DEPARTMENT OF THE ARMY, et al.,
CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, ET AL.,
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
APPELLEES' RESPONSE TO REQUEST FOR EXTENSION (Intervenors-Appellants)
The intervenors-appellants ask for an extension of time for filing of their optional reply brief. A similar extension has been requested by the defendants-appellants in companion appeal 02-35994. Plaintiffs-appellees oppose both requests.
The briefing schedule in this case has already been extended three times. First it was extended to give the tribal appellants and the federal defendants an additional 29 days for filing of their opening briefs. Then it was extended twice more at the instigation of one of the tribal appellants' amicus supporters.
When this Court granted the tribal appellants' first extension request, it told them that any further requests for an extension would be disfavored. See order dated February 11, 2003 at 3. In addition, when the Court granted the Tribal Claimants' request for an order staying plaintiffs' efforts to gain access to study the Kennewick Man skeleton, it expressly ordered that both appeals would be heard on an expedited basis. See order dated February 12, 2003.
Plaintiffs urge the Court to adhere to the existing schedule so that final resolution of this case can be expedited consistent with the Court's order. In the alternative, if the extension is granted, plaintiffs request that the order staying study of the skeleton be lifted. It has been almost seven years now since plaintiffs first asked to examine the skeleton. They are still waiting, and while they wait they are growing older and their teaching and research activities are being affected by their inability to get the information they need from this unique prehistoric treasure.
RESPECTFULLY SUBMITTED this 30th day of May 2003.
BARRAN LIEBMAN LLP
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