UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

NO.: CV-S-97-327-HDM (RLH)

WESTERN SHOSHONE NATIONAL COUNCIL
by its Chief, Raymond D. Yowell, and
CHIEF RAYMOND D. YOWELL as Representative of
the Class of Shoshone Persons,
Plaintiffs

v.

UNITED STATES OF AMERICA;
Department of the Interior, Secretary BRUCE BABBITT,
JULIE FAULKNER, ROBERT LAIDLAW;
Bureau of Land Management, ANN J. MORGAN, HELEN HANKINS; and
ORO NEVADA RESOURCES, INC.; its parents,
affiliates, subsidiaries, successors, assigns, etc.,
Defendants

PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

(First Request)

1. On February 4, 1998, the Federal Defendants filed a Motion To Dismiss this case, accompanied by a supporting memorandum and served by mail on Plaintiffs.

2. On February 13, 1998, Defendant Oro Nevada filed a statement of Joinder in the federal motion, accompanied by a supporting memorandum and served by mail on Plaintiffs.

3. Plaintiffs respectfully move this Court to extend the time for filing their Opposition to the joint Motion to Dismiss to April 24, 1998, for the reasons set forth below.

4. The orderly prosecution of this case has been interwoven with and disrupted by ex parte Bureau of Land Management (BLM) actions against Plaintiffs, requiring Plaintiffs to respond in extra-judicial settings, as set forth in the following chronology:

5. As of the date of this filing, Plaintiffs continue to be apprehensive of further ex parte action by BLM field office personnel. Plaintiffs are maintaining a state of readiness to respond to ex parte contacts if necessary, but are hopeful the Court will grant relief from this necessity by issuance of a preliminary injunction in the form requested by Plaintiffs in their prior motion.

6. Plaintiffs do not have access to a large staff to handle their ordinary business, let alone the extra-ordinary demands of litigation. Staff and personal resources have been carefully assigned to assure Plaintiffs' orderly and timely involvement with this case.

7. Federal Defendants' ex parte conduct has forced Plaintiffs to represent their interests simultaneously in the judicial process and in extra-judicial settings, in the face of imminently threatened agency action. This has prevented Plaintiffs from attending to much of their regular business and deprived them of their ability to prepare and file their Opposition to Defendants' Motion to Dismiss within the time normally allotted for the same.

8. Plaintiffs' believe an extension of time to April 24, 1998, would be sufficient for filing their Opposition. This is Plaintiffs' first request for an extension.

9. Defendants will not be penalized by an extension of time to April 24, 1998, for Plaintiffs to respond to the Motion to Dismiss.

WHEREFORE, Plaintiffs move this Court for an Order extending the time for filing Plaintiffs' opposition to Defendants' Motion to Dismiss to April 24, 1998.

Dated: March , l998

Respectfully Submitted,

Raymond D. Yowell, Chief
Allen Moss, Sub-Chief
Virginia Sanchez, Secretary of State & Treasurer
Western Shoshone National Council
Indian Springs, NV 89018



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