IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA, et
CASE NO: 88-1886-Civ-HOEVELER
al.,
Plaintiffs,
V.
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, et al.
Defendants.
________________________________/
MICCOSUKEE TRIBE'S MOTION FOR EXTENSION OF TIME TO RESPOND TO FARMER- INTERVENORS' RESPONSE/ MOTION TO STRIKE
Miccosukee Tribe of Indians of Florida (the "Tribe"), by and through undersigned counsel, hereby files this motion for extension of time to respond to Defendants-Intervenors, Western Palm Beach County Farm Bureau, Inc., Roth Farms, Inc. and K.W.B. Farms' ("collectively farmer-Intervenors"') Motion to Strike and Memorandum in Opposition to Tribe's Supplemental Emergency Motion to Enforce ("farmer-intervenors' motion to strike and response") as follows:
1) The farmer-Intervenors have filed a consolidated response to the Tribe's supplemental emergency motion to enforce, encompassing both a memorandum of law in opposition to and a motion to strike the Tribe's supplemental emergency motion to enforce.
2) The farmer-Intervenors' motion to strike and response are inextricably connected and the arguments therein cannot be separated. Accordingly, the Tribe cannot prepare a separate reply to the opposition memorandum and a separate response to the motion to strike.
3) Given that the farmer-intervenors have chosen to file a consolidated respons ive document, and the inability to separate the arguments pertinent to the motion to strike and the response, the Tribe is required to file a Joint response/reply to the farmer-intervenors' motion to strike and response.
4) In order to do so, the Tribe requests that the June 28, 1996 deadline to respond to the motion to strike be applicable to both the Tribe's reply to the farmer-intervenors' response and the Tribe's response to the motion to strike.
5) No prejudice or delay will result from the Tribe's requested extension. To the contrary, the interests of judicial economy will be promoted because the Court will be required to consider the Tribe's responsive arguments only once instead of in two separate responsive memoranda.
6) Undersigned counsel telephoned counsel for the farmer-intervenors, William Green, Esq., on June 21, 1996 prior to filing this motion. Mr. Green does not object to the Tribe's requested extension.
For the foregoing reasons, the Tribe respectfully requests that this Court -rant this motion for enlargement of time and grant the Tribe an enlargement of time through June 281996 in which to file its reply and response to the farmer-intervenors' motion to strike and response. A proposed order granting the present motion is attached hereto as exhibit "A."
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Respectfully submitted,
LEHTINEN, O'DONNELL, VARGAS
& REINER, P.A.
Attorneys for Plaintiffs
7700 N. Kendall Drive, Suite 303
Miami, FL 33156
Telephone: (305) 279-1166
Facsimile: (305) 279-1365
By:_____________________
Maria J. Santovenia, Esq.
Florida Bar No. 8011445
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by mail on June 21, 1996 upon all of the addressees listed below.
________________________
Maria J. Santovenia, Esq.
Addressees:
Ms. Lisa Hogan
Kenneth F. Hoffman, Esq.
Assistant United States Attorney
Oertel, Hoffman, Fernandez
99 Northeast 4th Street
& Cole, P.A.
3rd Floor
2700 Blair Stone Road
Miami, FL 33132
Tallahassee, FL 32301
Ms. Barbara Markham
Jeffrey J. Ward, Esq.
General Counsel
P.O. Box 666
South Florida Water Management District
Belle Glade, FL 33430
P.O. Box 24680
West Palm Beach, FL 33416
David G. Guest, Esq.
Sierra Club Legal Defense Fund
Timothy A. Smith, Esq.
P.O. Box 1329
Assistant General Counsel
Tallahassee, FL 32302
Department of Environmental Protection
Twin Towers Building
Lynn D. Solomon, Esq.
2600 Blair Stone Road, Room 618
Simmons & Solomon
Tallahassee, FL 32399-2400
Fountain Plaza
10020 South Federal Hwy.
Paul L. Nettleton, Esq.
Pt. St. Lucie, FL 34952
Popham Haik
4000 International Place
Timothy D. Searchinger, Esq.
100 S.E. Second Street
Environmental Defense Fund
Miami, Florida 33131
1875 Connecticut Avenue, N.W.
Suite 1016
Rick J. Burgess, Esq.
Washington D.C. 20009
Gunster, Yoakley, Valdes-Fauli
& Stewart, P.A.
Michael Reed, Esq.
500 E. Broward Boulevard, # 1400
General Litigation Section
Ft. Lauderdale, FL 33394
Environment and Natural Resources Div.
U.S. Department of Justice
William Green, Esq.
P.O. Box 663
Hopping, Boyd, Green & Sams, P.A.
Washington, D.C. 20044-0663
123 S. Calhoun
Tallahassee, FL 32301