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The Kennewick Man Case | Court Documents | Communications with the CourtFederal Defendants' Motion for Leave to File Supplemental Administrative RecordJohn Cruden Kristine Olson FOR THE DISTRICT OF OREGON ROBSON BONNICHES, et al., Plaintiffs v. UNITED STATES OF AMERICA, et al., Defendants Federal Defendants' Motion for Leave to File Supplemental Administrative Record Federal defendants hereby seek leave to file a supplemental administrative record containing the documents underlying the agency decisions challenged in the new claims brought in plaintiffs amended complaint. When establishing the current schedule for proceedings in this case, the parties and the Court were aware that filing the administrative record before the amended complaint would likely require a supplemental administrative record to be filed. See e.g. Transcript of October 25, 2000 Status Conference at p. 25 & 31. At he October 25, 2000 status conference, the parties discussed whether an amended complaint or the administrative record should be filed first. Plaintiffs contended that the administrative record for the decisions regarding disposition and study of the human remains should be filed first, followed by the filing of the amended complaint. See Transcript of October 25, 2000 Status Conference at p. 18-19. Plaintiffs acknowledged that under this schedule a supplemental administrative record may need to be filed for any new claims brought in the amended complaint. Id. At 19. Federal defendants advocated the filing of the amended complaint first so that an administrative record containing the documents underlying all the claims contained in the amended complaint could be filed at one time. Id. At pp. 18, 23-24, 31-32. After considering the parties positions, the Court ordered federal defendants to file the administrative record underlying the final decisions made on the claims raised in plaintiffs' original complaint by December 1, 2000 and ordered the plaintiffs to file their amended complaint by January 1, 2001. See id at p. 22 and October 25, 2000 Minute Order. Plaintiffs' January 1, 2001 amended complaint contains two new claims. One of the new claims alleges that the U. S. Army Corps of Engineers' actions to stabilize the bank of the river where the human remains were discovered violated the National Historic Preservation Act. The other claim alleges violations of the Freedom of Information Act ("FOIA"). These new claims are distinct from the claims raised in plaintiffs' original complaint regarding the disposition and study of the remains. Consequently, some, but not all, of the documents relating to the agency decisions on the protection of the site and plaintiffs' FOIA requests are in the December 1, 2000 administrative record prepared for the decisions regarding disposition and study of the remains. After the amended complaint was filed, federal defendants began assembling the documents underlying the decisions challenged in the new claims. Federal defendants respectfully request that the Court grant federal defendants leave to file this supplemental administrative record on or before February 19, 2001. A proposed order is filed herewith. Plaintiffs' counsel has been contacted and has indicated that plaintiffs partially oppose the motion on the grounds that plaintiffs believe these documents should have been filed earlier than February 19, 2001. Dated this 30th day of January, 2001. John Cruden Amiee Bevan Kristine Olson, OSB 73254 (signed) Timothy W. Simmons
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