Stratman v. Leisnoi Inc. et alRESPONSE to MotionD. AlaskaJune 1, 2007R. Collin Middleton, Esq. R. Collin Middleton, P.C. P.O. Box 113128 Anchorage, Alaska 99511-3128 Ph: 907-222-0506 Fax: 907-279-7029 Email: collinmiddleton@gci.net Counsel for Defendant, Koniag, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA OMAR STRATMAN, ) ) Plaintiff, ) ) vs. ) Case No. A02-0290 CV (JKS) ) LEISNOI, INC., KONIAG, INC., and ) GALE A. NORTON, Secretary of the ) Interior, ) ) Defendants. ) _________________________________) Conditional Non-Opposition to Motion For Extension of Time Omar Stratman has requested an extension of time to file his Opposition. Koniag has no objection to that request. The Secretary also has a conditional non-opposition to Mr. Stratman’s request, so long as he may have until July 13th to Reply. Koniag has no objection to that request either, and joins in it. Koniag similarly requests that it be given the same time to reply. Mr. Stratman also requests that he be allowed to file “a cross-motion [to] seek the Court’s confirmation and enforcement of Leisnoi’s decertification”. Affidavit of Michael Schneider, p.4, paragraph 3. Koniag’s counsel indeed spoke with Mr. Stratman, (See Conditional Non Opposition to Motion to Extend A02-0290 CV Case 3:02-cv-00290-JKS Document 155 Filed 06/01/2007 Page 1 of 3 Declaration of R. Collin Middleton) but not about cross or counter motions, only that the remedy phase, if necessary, was not ripe for briefing at this time. The position of Koniag has been set out at length in its Memorandum in Support of Motion To Dismiss Re: Chevron Deference Under ANILCA Section 1427, at docket 145, pps. 3 and 4. There, on page 4, Koniag stated: Koniag does not understand that this Court wishes briefing on the underlying merits which the Secretary found were mooted by Congressional ratification in ANILCA. And, Koniag gave reasons for this conclusion, including the lack of a full administrative record of the all the Department’s proceedings, and lack of a final agency action in the event the Secretary’s decision is not dispositive. For these reasons, Koniag joins with Leisnoi and The Secretary, and has no objection to Mr. Stratman’s requested allowance of additional time to file. Koniag joins with the Secretary in setting the briefing time for a reply to July 13th. And, finally, Koniag objects to the filing of any motion going to the merits of the “confirmation and enforcement of Leisnoi’s decertification” as proposed by Mr. Stratman. DATED at Anchorage, Alaska this _____ day of, 2007. R. COLLIN MIDDLETON, P.C. Attorney for Defendant Koniag, Inc. By /s/ R. Collin Middleton__________ P.O. Box 113128 Anchorage, AK 99511-3128 Phone: 907-222-0506 Fax: 907-279-7029 Conditional Non Opposition to Motion to Extend A02-0290 CV Case 3:02-cv-00290-JKS Document 155 Filed 06/01/2007 Page 2 of 3 Email: collinmiddleton@gci.net ABA #6803015 Certificate of Service The undersigned certifies that the Motion to Dismiss Re Chevron Deference and ANILCA 1427 was served by mail on this ____ day of ___________, 2007. Bruce M. Landon Department of Justice Environment & Natural Resources Division 801 "B" Street, Suite 504 Anchorage, Alaska 99501-3657 John R. Fitzgerald, Esq. Morrison Mahoney LLP 250 Summer Street Boston, MA 02210-1181 Michael Schneider, Esq. 880 "N" Street, Suite 202 Anchorage, Alaska 99501 Robert Sato, Esq. Sato and Sato 421 West 1st Ave., Suite 250 Anchorage, Alaska 99501 /s/ R. Collin Middleton Conditional Non Opposition to Motion to Extend A02-0290 CV Case 3:02-cv-00290-JKS Document 155 Filed 06/01/2007 Page 3 of 3
