IN THE UNITED STATES DISTRICT COURT UNITED STATES OF AMERICA, et
CASE NO: 88-1886-CIV-HOEVELER
FOR THE SOUTHERN DISTRICT OF FLORIDA
al.,
Plaintiffs,
V.
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, et al.
Defendants.
__________________________/
MOTION TO ENFORCE" IN' EXCESS OF PAGE LIMITATIONTRIBE'S MOTION FOR LEAVE TO FILE "RESPONSE TO DEFENDANT-INTERVENORS', WESTERN PALM BEACH COUNTY FARM BUREAU INC., ROTH FARMS INC. AND K.W.B. FARMS MOTION TO STRIKE AND MEMORANDUM IN OPPOSITION TO TRIBE'S SUPPLEMENTAL EMERGENCY MOTION TO ENFORCE" IN EXCESS OF PAGE LIMITATION SUPPLEMENTAL EMERGENCY
The Miccosukee Tribe of Indians of Florida (the "Tribe"), by and through undersigned counsel., respectfully requests that this Court permit the filing of the Tribe's Response to Defendants-Intervenors', Western Palm Beach County Farm Bureau, Inc., Roth Farms,
Inc. and K.W.B. Farms ("collectively farmer-intervenors") Motion to Strike the Tribe's Supplemental Emergency), Motion to Enforce Western Basins Provisions and Settlement Acreement entered as a Consent Decree and the farmer-Intervenors' response to same ("farmer-intervenors' motion to strike and response") ("Response") in excess of 10 pages and states as grounds:1 . The Tribe's Response brief constitutes a consolidated response to the farmer-intervenors' motion to strike and a reply to the farmer-intervenors' response to the tribe's
supplemental motion to enforce.2. The farmer-interveiiors filed a consolidated response to the Tribe's supplemental motion to enforce, constituting both a motion to strike and a memorandum of law opposing the
Tribe's supplemental motion to enforce.3 The farmer-intervenors' consolidated response attempts to raise new sovereign immunity issues, on behalf of the District and DEP, not addressed or raised in the Tribe's supplemental motion to enforce or in this litigation. Therefore, the Tribe is required to respond, both factually and legally, to issues addressed for the first time in the farmer-intervenors' motion to strike and response.
4. The Tribe has attempted to comply with the ten-page requirement under Local Rule 7.1(c)(2) for filing its reply to the farmer-intervenors' memorandum of law.
5 . However, given that the Tribe's brief is a consolidated response to a consolidated motion to strike and memorandum of law in opposition to the Tribe's supplemental motion to enforce, the Tribe's consolidated response brief has resulted in a response of 20 pages. The Tribe's consolidated response brief still complies with the 20-page requirement of Local Rule
7. 1 (c) (2) for response briefs.6. The issues cannot adequately be briefed in a shorter response.
7. No party will be prejudiced by the Court granting this motion.
WHEREFORE, Plaintiffs respectfully request to be permitted to file its 20-page response.
Respectfully submitted,
LEHTINEN, O'DONNELL, VARGAS
& REINER, P.A.
Attorneys for Plaintiff
7700 N. Kendall Drive, Suite 303
Miami, Florida 33156
Phone: (305) 279-1166
By__________________
Maria J. Santoenia, Esq.
Florida Bar No. 801445
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by mail on July 9, 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
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