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.
_______________________________/
TRIBE'S MOTION FOR LEAVE TO FILE "CONSOLIDATED REPLY TO DISTRICT'S CONSOLIDATED MEMORANDUM OF LAW IN OPPOSITION TO TRIBE'S SUPPLEMENTAL MOTION TO ENFORCE AND EMERGENCY MOTION TO HOLD DISTRICT IN CONTEMPT" IN EXCESS OF PAGE LIMITATION
Plaintiffs, 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 "Consolidated Reply to District's Consolidated Memorandum of Law in Opposition to Tribe's Supplemental Motion to Enforce and Emergency Motion to Hold District in Contempt" in excess of 10 pages and states as grounds:
1. Plaintiffs have attempted to comply with the ten-pace requirement under Local Rule 7.1(c)(2) for filing the reply to Defendants' Consolidated Memorandum of Law in Opposition to Tribe's Supplemental Motion to Enforce and Emergency Motion to Hold District in Contempt.
2. However, given that this is a consolidated reply to a consolidated memorandum of law in opposition to two separate motions, the Tribe's reply to a consolidated opposition to motions has resulted in a reply of 12 pages.
3. The issues cannot adequately be briefed in a shorter reply.
4. No party will be prejudiced by the Court granting this motion.
WHEREFORE, Plaintiffs respectfully request to be permitted to file the 12-page reply.
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
Fax: (305) 279-1365
By:_______________
Maria J. Santovenia, 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 March 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
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