Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE SALT RIVER PIMAMARICOPA INDIAN COMMUNITY, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

) ) ) ) ) ) ) ) ) )

Case No. 06-943 Judge Lawrence M. Baskir (Electronically Filed January 4, 2008)

JOINT MOTION TO SUBSTITUTE TRANSCRIPT Plaintiff, the Salt River Pima-Maricopa Indian Community, and Defendant, the United States, hereby jointly move this Court to substitute the December 10, 2007 transcript prepared by Heritage Reporting Corporation with the transcript attached hereto as Exhibit A. The grounds for this Motion are as follows: 1. This Court held an evidentiary hearing on December 10, 2007,

to address issues raised by Defendant's Motion to Dismiss Pursuant to 28 U.S.C. § 1500. 2. Heritage Reporting Corporation ("Heritage Reporting")

produced a transcript of the December 10, 2007 Hearing to counsel for the parties. This transcript contained numerous "inaudible" notations and many

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errors which affected testimony bearing directly on issues relevant to Defendant's Motion to Dismiss Pursuant to 28 U.S.C. § 1500. 3. Because the transcript provided by Heritage Reporting was

unreliable, Plaintiff's counsel corrected the transcript prepared by Heritage Reporting by listening to the digital recording provided by the Court and transcribing corrections. On December 21, 2007, Plaintiff filed a Motion to Substitute Transcript requesting that this Court order that Plaintiff's corrected version of the transcript substitute the transcript provided by Heritage Reporting and be treated by the Court as the official transcript of the December 10, 2007 Hearing. 4. After receiving Plaintiff's Motion to Substitute Transcript,

Defendant's counsel listened to the digital recording provided by the Court and submitted additional corrections to the transcript to Plaintiff's counsel. 5. Counsel for the parties have conferred and jointly request that

the Court order that the transcript attached hereto as Exhibit A, which reflects corrections both by Plaintiff's counsel and Defendant's counsel, be treated by the Court as the official transcript of the December 10, 2007 Hearing.

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6.

Because the parties made additional corrections to the

transcript submitted by Plaintiff in connection with Plaintiff's Motion to Substitute, Plaintiff hereby withdraws its Motion to Substitute Transcript.

This the 4th day of January, 2008.

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Respectfully submitted,

KILPATRICK STOCKTON LLP

UNITED STATES DEPARTMENT OF JUSTICE

/s/ Keith Harper KEITH HARPER D.C. Bar No. 451956 E-mail: [email protected] G. WILLIAM AUSTIN D.C. Bar No. 478417 E-mail: [email protected] CATHERMINE F. MUNSON Georgia Bar No. 529621 E-mail: [email protected] Kilpatrick Stockton LLP 607 14th Street, N.W. Washington, D.C. 20005 Phone: (202) 508-5800 Attorneys for Plaintiff Salt River Pima-Maricopa Indian Community

/s/ Kevin J. Larsen KEVIN J. LARSEN United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0258 Tel: (202 305-0241 Fax: (202) 353-2021 Attorneys for Defendants

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE SALT RIVER PIMAMARICOPA INDIAN COMMUNITY, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No. 06-943L Judge Lawrence M. Baskir Electronically filed on January 4, 2008

CERTIFICATE OF SERVICE I hereby certify that the foregoing JOINT MOTION TO SUBSTITUTE TRANSCRIPT was electronically filed using the Court's ECF system and that the below-listed counsel are ECF users and will be served via the ECF System: Kevin J. Larsen, Esq. Natural Resources Section Environment and Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044-0663

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This 4th day of January, 2008.

/s/ Keith Harper KEITH HARPER D.C. Bar No. 451956 E-mail [email protected] G. WILLIAM AUSTIN D.C. Bar No. 478417 E-mail [email protected] CATHERINE F. MUNSON Georgia Bar No. 529621 E-mail [email protected] Kilpatrick Stockton LLP 607 14th Street, N.W. Washington, D.C. 20005 Phone: (202) 508-5800 Attorneys for Plaintiff The Salt River Pima-Maricopa Indian Community

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EXHIBIT A

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