CASE NO. CIV-97-113B

DOUGLAS G. DRY, ET AL.

PLAINTIFFS,

vs.

UNITED STATES OF AMERICA, ET AL DEFENDANTS.

Comes now the defendant, Robert L. Rabon (erroneously identified as Robert Rabon Jr. in the complaint) and respectfully shows the Court:

That he is the Prosecuting Attorney for the Choctaw Nation CFR Court of Indian 0ffenses; that the Nation operates the CFR Court of Indian 0ffenses pursuant to a contract with the Department of the Interior; that there is a question as to whether this defendant may come within the protection of the United States in terms of legal representation and any possible liability. The matter is presently being considered by the Regional Solicitor, the Bureau of Indian Affairs and the U.S. Department of Justice. It will likely not be resolved prior to the expiration of the twenty (20) day period in which movant must respond to the complaint.

The United States of America and several other clearly identified federal officials are codefendants; they have sixty (60) days in which to respond; the allowance of the same period for movant to respond will not delay or impede the orderly process of this case.

Wherefore, defendant respectfully moves the Court for an enlargement of time to plead or answer of sixty (60) days from service of process.

CERTIFICATE OF MAILING

I hereby certify that on the 13 day of March, 1997, I mailed a true and correct copy of the above Defendant Robert L. Rabon Rabon's (Robert Rabon Jr.) Motion for Enlargement of Time to Plead or Answer to Douglas G. Dry, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.