Free Notice of Exceptions to Hearing Officer's Report - District Court of Federal Claims - federal

Case 1:93-cg-00648-SGB

Document 246

Filed 05/20/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) Claimants, ) ) v. ) ) THE UNITED STATES, ) ) ) Defendant. ) ___________________________________ ) LAND GRANTORS IN HENDERSON, UNION and WEBSTER COUNTIES, KENTUCKY and THEIR HEIRS,

No. 93-648X Judge Charles F. Lettow (Presiding Officer), Senior Judges Lawrence S. Margolis, Loren A. Smith, Review Panel Judge Susan G. Braden, Hearing Officer

UNITED STATES' NOTICE OF INTENTION TO EXCEPT TO HEARING OFFICER'S REPORT Pursuant to Court of Federal Claims Rules Appendix D, ¶ 7, Defendant, the United States of America, hereby files its Notice of Intention to Except to the April 18, 2008 Final Report of the Hearing Officer (Doc. No. 244). In submitting this Notice, Defendant states its intention to except to the Final Report, as well as all interim decisions issued by Judge Braden, the designated Hearing Officer. See Final Report at 1 n.1 (gathering interim decisions). The Court's rules contemplate that the Hearing Officer will transmit a copy of the Final Report to the Review Panel, who will "adopt or modify the findings and conclusions of the [H]earing [O]fficer and file its report with the clerk for service on the parties." RCFC, Appendix D, ¶ 8(d); 28 U.S.C. § 2509(d). After proceedings are concluded, the rules require the Chief Judge to transmit the Review Panel's report to the appropriate house of Congress. See RCFC, Appendix D, ¶ 10; 28 U.S.C. § 2509(e). According to the Final Report, however, the Hearing Officer transmitted a copy of the Final Report to several members of Congress. See Final Report at 53 n.42. To avoid any potential confusion among the recipients of the Final Report regarding 1

Case 1:93-cg-00648-SGB

Document 246

Filed 05/20/2008

Page 2 of 2

the procedural posture of this matter, Defendant suggests that the Review Panel may wish to consider forwarding this Notice to those individuals identified in footnote 42 of the Hearing Officer's Final Report to indicate that the "Final Report" is not final until the Review Panel has acted. Respectfully submitted this 20th day of May, 2008. RONALD J. TENPAS Assistant Attorney General

/s/ William J. Shapiro WILLIAM SHAPIRO United States Department of Justice Environment and Natural Resources Division 501 I Street Suite 9-700 Sacramento, CA 95814 (916) 930-2207 (phone) (916) 930-2210 (fax) TOM C. CLARK II Principal Deputy Section Chief United States Department of Justice Environment and Natural Resources Division Natural Resources Section 601 D Street, NW Room 3152 Washington, DC 20530 (202) 514-3553 (phone) (202) 305-0506 (fax) Attorneys for the United States Of Counsel: Dale Holmes Stephen J. Allison Martin Cohen U.S. Army Corps of Engineers

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