Unopposed Motion by Defendant and Counterclaimant Tanadgusix Corporation
(a) Modifying Deadlines in Scheduling Order for Damages and Remedies Phase of
Case and (b) for Extension of Time for the City to File its Opposition to TDX’
First Motion to Compel Answers to Interrogatories and Production of Documents
and for Sanctions
City of Saint Paul v. Donald Evans, et al., No. 3:97-cv-0181 HRH
Page No. 1
TURNER & MEDE, P.C.
Terrance A. Turner
Co-Counsel for defendant and counterclaimant
Tanadgusix Corporation
1500 West 33rd Avenue, Suite 200
Anchorage, Alaska 99503-3502
Telephone: (907) 276-3963
Fax: (907) 277-3695
Email: tturner@turnermede.com
LAW OFFICE OF DOUGLAS F. STRANDBERG
Douglas F. Strandberg
Co-Counsel for defendant and counterclaimant
Tanadgusix Corporation
P. O. Box 547
Friday Harbor, Washington 98250
Telephone: (360) 378-3390
Fax: (360) 378-3490
Email: dfslaw@rockisland.com
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
AT ANCHORAGE
CITY OF SAINT PAUL, a municipal
corporation,
Plaintiff,
vs.
DONALD EVANS, Secretary of the
United States Department of
Commerce, and CONRAD C.
LAUTENBACHER, JR., Administrator,
National Oceanic and Atmospheric
Administration, and TANADGUSIX
CORPORATION, an Alaska
corporation,
Defendant.
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No. 3:97-cv-0181 HRH
UNOPPOSED MOTION BY DEFENDANT
AND COUNTERCLAIMANT TANADGUSIX
CORPORATION (A) MODIFYING
DEADLINES IN SCHEDULING ORDER
FOR DAMAGES AND REMEDIES PHASE
OF CASE AND (B) FOR EXTENSION
OF TIME FOR THE CITY TO FILE
ITS OPPOSITION TO TDX’ FIRST
MOTION TO COMPEL ANSWERS TO
INTERROGATORIES AND PRODUCTION
OF DOCUMENTS AND FOR SANCTIONS
Case 3:97-cv-00181-HRH Document 299 Filed 05/12/2006 Page 1 of 5
Unopposed Motion by Defendant and Counterclaimant Tanadgusix Corporation
(a) Modifying Deadlines in Scheduling Order for Damages and Remedies Phase of
Case and (b) for Extension of Time for the City to File its Opposition to TDX’
First Motion to Compel Answers to Interrogatories and Production of Documents
and for Sanctions
City of Saint Paul v. Donald Evans, et al., No. 3:97-cv-0181 HRH
Page No. 2
Defendant and counterclaimant Tanadgusix Corporation
(“TDX”), by and through its attorneys of record, Turner & Mede,
P.C. and Law Office of Douglas F. Strandberg, P.S., hereby moves
for the entry of the attached modified scheduling order; and (b) an
order granting the City an extension from May 30, 2006 until
August 28, 2006 to file its Opposition to TDX’ First Motion to
Compel Answers to Interrogatories and Production of Documents and
for Sanctions. Such motion has been discussed with the attorneys
for plaintiff and counterdefendant City of Saint Paul (“City”) and
is unopposed by the City.
The modified scheduling order sought by this unopposed
motion changes the deadlines by which (a) expert designations are
to be served from May 30, 2006 to August 28, 2006, (b) expert
reports are to be served from September 29, 2006 to December 28,
2006, (c) lay witness discovery completion from September 29, 2006
to December 28, 2006, (d) expert witness discovery completion from
November 30, 2006 to February 28, 2007, (e) filing of discovery
motions from December 29, 2006 to March 29, 2006, and (f) filing of
summary judgment motions, in limine motions and motions for ruling
on the law of the case from November 30, 2006 to February 28, 2006.
The reason for this unopposed motion is that the City and
TDX are currently engaged in settlement negotiations. The
negotiations involve complex land issues and require considerable
coordination among the parties and their consultants. The parties
Case 3:97-cv-00181-HRH Document 299 Filed 05/12/2006 Page 2 of 5
Unopposed Motion by Defendant and Counterclaimant Tanadgusix Corporation
(a) Modifying Deadlines in Scheduling Order for Damages and Remedies Phase of
Case and (b) for Extension of Time for the City to File its Opposition to TDX’
First Motion to Compel Answers to Interrogatories and Production of Documents
and for Sanctions
City of Saint Paul v. Donald Evans, et al., No. 3:97-cv-0181 HRH
Page No. 3
believe such negotiations will be materially aided by such
extensions.
Over the last three months the parties have made
considerable progress in their negotiations. After TDX provided the
City with a proposed outline for a settlement and the City
responded, it became apparent to the parties that the best way to
resolve complex upland, tideland, and access issues on Saint Paul
Island, especially the Harbor area, was to agree on a subdivision
of land in the Harbor area and to locate all existing utilities.
TDX retained consulting engineers who, after numerous
meetings with TDX management and attorneys, prepared a
comprehensive set of maps which the detail current land status and
proposed subdivision and ownership and road dedication, which were
provided to the City by TDX in late summer, 2005. TDX and the City
have exchanged comprehensive settlement proposals based in part
upon such maps; and the City’s attorneys and TDX’ attorneys have
had lengthy and very productive settlement discussions recently.
On March 6, 2006, the City provided TDX with the City’s
“black-lined” counterproposal to TDX’ comprehensive settlement
proposal. TDX and its attorneys are in the process of reviewing
and proposing modifications to such counterproposal. The parties
anticipate that in the next month they will be meeting to discuss
and attempt to resolve their remaining differences between the two
proposals. By the end of August 2006 the parties should be in a
Case 3:97-cv-00181-HRH Document 299 Filed 05/12/2006 Page 3 of 5
Unopposed Motion by Defendant and Counterclaimant Tanadgusix Corporation
(a) Modifying Deadlines in Scheduling Order for Damages and Remedies Phase of
Case and (b) for Extension of Time for the City to File its Opposition to TDX’
First Motion to Compel Answers to Interrogatories and Production of Documents
and for Sanctions
City of Saint Paul v. Donald Evans, et al., No. 3:97-cv-0181 HRH
Page No. 4
position to determine if a settlement can be achieved without
further involvement of the Court.
Such unopposed motion does not affect any rights or
obligations of the only other parties in this case, the Federal
Defendants. As a result, it should be granted by the Court
forthwith.
RESPECTFULLY SUBMITTED at Anchorage, Alaska, this 12th day
of May, 2006.
TURNER & MEDE, P.C.
Co-counsel for Defendant and
Counterclaimant, Tanadgusix Corporation
s/ Terrance A. Turner
Turner & Mede, P.C.
1500 W. 33rd Avenue, Suite 200
Anchorage, AK 99503-3502
Phone: 907-276-3963
Fax: 907-277-3695
E-Mail: tturner@turnermede.com
Alaska Bar No. 7410113
LAW OFFICES OF DOUGLAS F. STRANDBERG
Co-counsel for Defendant, Tanadgusix
Corporation
Certificate of Service
This is to certify that on this 12th day of
May, 2006, a copy of the foregoing was served
Electronically on:
Department of Justice
Environmental & Natural Resources Division
Attn: Dean K. Dunsmore
801 "B" Street, Suite 504
Anchorage, AK 99501-3657
Law Office of Douglas F. Strandberg
Attn: Douglas F. Strandberg
562 Primrose Lane
Friday Harbor, WA 98250
Case 3:97-cv-00181-HRH Document 299 Filed 05/12/2006 Page 4 of 5
Unopposed Motion by Defendant and Counterclaimant Tanadgusix Corporation
(a) Modifying Deadlines in Scheduling Order for Damages and Remedies Phase of
Case and (b) for Extension of Time for the City to File its Opposition to TDX’
First Motion to Compel Answers to Interrogatories and Production of Documents
and for Sanctions
City of Saint Paul v. Donald Evans, et al., No. 3:97-cv-0181 HRH
Page No. 5
and by regular mail on:
Office of Ronald L. Baird
Attn: Ronald L. Baird
P. O. Box 100440
Anchorage, AK 99510-0440
Pepper Hamilton, LLP
Attn: Stephen M. Truitt
Charles H. Carpenter
Hamilton Square, Suite 500
600 Fourteenth Street NW
Washington, DC 20005-2004
/s Terrance A. Turner
Case 3:97-cv-00181-HRH Document 299 Filed 05/12/2006 Page 5 of 5
