Civ. 97-113-B

DOUGLAS G. DRY, et al.,

Plaintiffs,

VS.

UNITED STATES OF AMERICA, et al.,

Defendants.

COMES NOW the United States of America, Bruce Babbitt, Ada Deere, Jim Fields, Perry Proctor, Dennis Springwater, Karen Ketcher, Curtis Wilson, Larry Mings, Robert L. Rabon and Kim Reed and state that their answer is presently due on Wednesday, the 2 1st day of May.

They are aware that there are other defendants in this case such as the tribal policemen, who have requested representation by the Department of Justice. That this request is presently being considered by the Department of Justice in Washington. It is also the understanding of these defendants that the discovery has been postponed 14 days, awaiting the decision by the Department of Justice concerning this representation.

The undersigned has heretofore notified the Department of Justice of the existence of this case and of the request for representation of the tribal police, Kim Reed, and Robert L. Rabon. The Department of Justice was also notified of certain complaints that have been made to this office concerning some of the issues involved in this case. At the same time the Department of Justice was notified about a pending criminal case involving the Chief of the Choctaw Nation, which is set for trial in this district in June.

Yesterday afternoon, May 19, 1997, the Department of Justice notified the undersigned that we should recuse ourselves from the representation of any of the defendants in this case and that the Northern District of Oklahoma should be notified that the case would be assigned to them.

Immediately after such notification the undersigned contacted the Civil Chief in the Northern District of Oklahoma and informed him of the information received from the Department of Justice in Washington.

As a result it is the understanding of the undersigned that attorneys from the Northern District of Oklahoma will enter an appearance for the above named defendants in this case, and will await the decision of the Department of Justice in Washington concerning the representation of the tribal police.

We were requested to ask for an extension of time to answer or plead in this matter so that the attorneys in the Northern District of Oklahoma can have an opportunity to review the case.

As a result of that request, we have contacted by telephone the plaintiff, Doug Dry, who is also the attorney for other plaintiffs to see if he would agree to such extension. This contact was made pursuant to the local rules. Mr. Dry has informed us that he has no objection to a (30) thirty day extension of time to answer or plead.

In view of the change of attorneys and in view of the fact that the case is still awaiting the decision in Washington concerning the representation of the tribal police, it would appear that a thirty day extension to answer or plead would not be prejudicial to anyone in the case.

WHEREFORE, the undersigned asks the Court to grant all of the above named
defendants an extension of thirty days or until the 20th day of June, 1997 to answer of plead further.

Sincerely,

I hereby certify that on the 20th day of May, 1997, a true and correct copy of the above foregoing was mailed to:

Doug Dry
P.O. Box 637
Wilburton, OK 74578

Robert L. Rabon
Bob W. Rabon
P.O. Box 726
Hugo, OK 74743

Kim Reed
Director of Law Enforcement
Choctaw Nation of Oklahoma
Drawer 12 10
Durant, OK 74702-1210

Eric Janzen
W.G. Steidley, Jr.
Charles Neal, Jr.
P.O. Box 1165
McAlester, OK 74502-1165