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UNITED STATES COURT OF FEDERAL CLAIMS
SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, Plaintiff, v. UNITED STATES Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-943L

Live Tape

(The following transcript was transcribed from a digital recording provided by the United States Court of Federal Claims to Heritage Reporting Corporation on 12/10/07.)

Pages:

1 through 90

HERITAGE REPORTING CORPORATION
Official Reporters 1220 L Street, N.W., Suite 600 Washington, D.C. 20005-4018 (202) 628-4888 [email protected]
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UNITED STATES COURT OF FEDERAL CLAIMS
Place: Date: Washington, D.C. December 10, 2007

HERITAGE REPORTING CORPORATION
Official Reporters 1220 L Street, N.W., Suite 600 Washington, D.C. 20005-4018 (202) 628-4888 [email protected]
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2 UNITED STATES COURT OF FEDERAL CLAIMS SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, Plaintiff, v. UNITED STATES Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-943L

Monday, December 10, 2007

Live Tape

(The following transcript was transcribed from a digital recording provided by the United States Court of Federal Claims to Heritage Reporting Corporation on 12/10/07.)

APPEARANCES: On behalf of Plaintiff: KEITH M. HARPER, Esquire WILLIAM G. AUSTIN, III, Esquire CATHERINE F. MUNSON, Esquire On Behalf of Defendant: Heritage Reporting Corporation (202) 628-4888
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3 KEVIN J. LARSEN, Esquire JOHN MARTIN, Esquire LAURA M. L. MAROLDY, Esquire

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4 C O N T E N T S WITNESSES: For the Plaintiff: Alexis Applegate 14 34 75 --DIRECT CROSS REDIRECT VOIR RECROSS DIRE

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5 E X H I B I T S PLAINTIFF'S EXHIBITS: IDENTIFIED A B C D 15 18 19 21 RECEIVED 33 33 33 33 DESCRIPTION 9:26 a.m. email from Lawson to Applegate Email from Applegate to Mr. Young Email from Applegate to Mr. Young 9:59 a.m. email string from Keith Harper to Applegate and others Petty cash receipt with taxi cab receipts attached Petty cash receipt with taxi cab receipt attached Taxi cab receipts 12:41 p.m. email from Applegate to Austin 2:23 p.m. email Cases filed with dates Pleadings 4-23-07 email string between Applegate and Munson

E

22

33

F

22

33

G H I J K L

22 23 25 27 29 31

33 33 33 33 33 33

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6 E X H I B I T S DEFENDANT'S EXHIBITS: IDENTIFIED 1 37 RECEIVED 87 DESCRIPTION 12-29-06 8:59 a.m. email from Harper to Applegate PACER printout of the 12-29-06 filings 9:26 a.m. email Email from Guilder to Roybal 12-29-06 email at 1:28 p.m. from Roybal to Guilder Copy of Salt River filing receipt 4-23-07 email at 10:36 a.m. from Munson to Applegate Plaintiff's response to Defendant's first evidentiary hearing brief in support of government's motion to dismiss 11-29-07 Court of Federal Claims receipt for an Ak-Chin filing Court of Federal Claims Recipt No. 065957 Court of Federal Claims Receipt No. 065959

3 4 5 6

25 39 40 41

87 87 87 87

7 8

48 59

87 87

9

61

87

10

60

87

11

68

87

12

70

87

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7 19 66 87 ECF PACER printout of Receipt No. 065958

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8 E X H I B I T S DEFENDANT'S EXHIBITS: IDENTIFIED 20 21 22 24 68 69 70 57 87 87 87 RECEIVED DESCRIPTION ECF PACER printout of Receipt No. 065946 Civil Docket Sheet Receipt No. 065957 Civil Docket Sheet Receipt No. 065959 Excerpts from Applegate's testimony in the District Court action

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 P R O C E E D I N G S THE CLERK: The United States Court of

Federal Claims is now in session, the Honorable Lawrence M. Baskir presiding. Salt River Pima-

Maricopa Indian Community v. United States, Case No. 06-943L comes before the Court today, Monday, December 10, 2007, for an evidentiary hearing regarding the Defendant's motion to dismiss pursuant to 28 U.S.C. ' 1500. THE COURT: Good morning, everybody. Should

we start by having you all identify yourselves, please? MR. HARPER: Good morning, Your Honor.

Keith Harper for the Salt River Pima-Maricopa Indian Community. MR. AUSTIN: MS. MUNSON: Bill Austin for Plaintiff. Good morning, Your Honor.

Catherine Munson for the Plaintiff. THE COURT: MR. LARSEN: Good morning. Good morning, Your Honor.

Kevin Larsen, Department of Justice for the United States. Here with me is co-counsel, Mr. John Martin

and Laura Maroldy, also from the Department of Justice. Heritage Reporting Corporation (202) 628-4888
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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MS. MAROLDY: MR. MARTIN: THE COURT: MR. LARSEN: Good morning, Your Honor. Good morning, Your Honor. Good morning. And Mr. Thomas Barton for the

.Department of Interior. THE COURT: Good morning, sir. There are a

few preliminary matters.

There's a motion by the

Plaintiff to include in this record the record of the proceedings before Judge Hewitt. have a problem with that? MR. LARSEN: Your Honor, I think the natives Mr. Larsen, do you

in this litigation between the parties and the briefing in that case doesn't necessarily oppose the admissions which last week that Your Honor had ruled on at the status conference. However, the United

States would request to be able to cross-examine whatever witness, including Ms. Applegate, that may fully bear on any relevant issues related to the timing of the case. THE COURT: Right. I think we are in The second matter

understanding about that.

Okay.

had to do with meta data, which the government had requested of the Plaintiff. Mr. Larsen, you did

request that with respect to the -Heritage Reporting Corporation (202) 628-4888
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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 record. request? MR. LARSEN: THE COURT: No. Okay. That settles that, and MR. LARSEN: made a formal request. Your Honor, I don't think we There were some issues about

that that we raised in the brief. THE COURT: So you have not made a formal

then I guess finally there was a request for reducing or supplemental briefing based upon the testimony that we're going to have today. MR. HARPER: THE COURT: Is that right, gentlemen?

Yes, Your Honor. Seems to me that's a good idea

since the briefing at the present time won't include what we hear today? That is sort of not what we're We'll set some schedules

here for, so we'll do that.

after we conclude with the evidentiary hearing, so I have no other preliminary matters, so let me ask, Mr. Austin, do you have any other matters? MR. AUSTIN: THE COURT: there by the way? No, Your Honor. Who will be lead counsel over Mr. Austin?

Mr. Harper?

MR. HARPER:

Your Honor, I'm counsel of

Ms. Munson will be doing the principal

examination this morning. Heritage Reporting Corporation (202) 628-4888
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12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 matters. THE COURT: MR. LARSEN: housekeeping matter. Mr. Larsen, do you have any? Your Honor, just one As Your Honor is aware, the THE COURT: preliminary matters? MR. HARPER: We have no other preliminary Okay. Mr. Harper, any

parties filed respective notices with the Court on Friday afternoon with regard to at least in part some of the issues that came up at the November 9 status conference with regard to some of the inquiries that Your Honor had raised with regard to some of the filings in the District Court. Certainly, I can say that I spoke with Ms. Munson and Mr. Austin about this by telephone on Friday afternoon, and there was a contemplation as to the parties potentially presenting some additional evidence before the client in the form of live witness testimony, at least that's the United States' request. I understand that Mr. Austin and Ms. Munson may have similar requests. MR. HARPER: Your Honor, we do have an

additional live witness to offer, Ms. Jennifer Romero, but I think it's a little bit different from what the Heritage Reporting Corporation (202) 628-4888
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13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 government is offering. My understanding is that the

government witness's testimony is solely about hearsay matters, so that would be an issue. Our witness is

actually going to be giving testimony about direct observations that she made at the District Court, so I think there may be a little bit of a distinction there. add. MS. MUNSON: MR. LARSEN: I don't, Your Honor. Your Honor, if I may? The I'm not sure if Ms. Munson has anything to

parties discussed actually on Friday the possibility of being able to present this Court with a joint statement to the Court, and after our conversation on Friday afternoon, the parties agreed that we could not provide the Court with a joint statement to the Court. However, the Plaintiffs went ahead and filed it with their notice. They filed the statement, which the United States would say is hearsay with regard to a conversation Ms. Munson had with the District Court Clerk, and the United States did not tender or proffer its evidence and asks for the opportunity perhaps at the conclusion of the hearing if the Court feels it's necessary to at least allow the United State to Heritage Reporting Corporation (202) 628-4888
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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 proffer such evidence or present this evidence in the form of live witness testimony. I realize Mr. Harper's objection, and certainly we could be prepared to address that at the conclusion here. THE COURT: Let's wait. I had hoped of

course that you all could make a common statement, which apparently is not so. I would be prepared to

take representations by counsel rather than having counsel or a witness come and testify as to conversations. MR. LARSEN: THE COURT: Okay. And I would be prepared to take You of

that from both sides if you have no objection.

course would lose the right to cross examine on this matter, but it doesn't seem to me that weighty. MR. LARSEN: Certainly, Your Honor. I

certainly can be prepared to make representations to what I know or what I personally witnessed, but, Your Honor, there is the additional issue as to the formal -- you indicated the government's position is there is potentially some additional relevant information out that there that may be relevant to this Court's jurisdiction that the United States did Heritage Reporting Corporation (202) 628-4888
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15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 not purposely pursue because of administrative regulations in Federal Court, and I can reference that. THE COURT: generalities. We're talking in abstracts and

I don't exactly know what you are

specifically referring to. MR. HARPER: Your Honor, we understand the

Court has an interest in these factual matters, and we understand there may be things within knowledge of counsel on our side and counsel on Defendant's side both that are hearsay in actuality, and we don't mind trying to make either some kind of a joint stipulation or both making representations. would be a fair way to proceed. I think anything beyond that obviously if the Court thought it was necessary, we wouldn't have an objection, but at this juncture, we don't see the need for it in light of this live testimony taken here. THE COURT: Okay. So my current preference I think that that

is to hear representations from you all, and we'll see if we need something more formal than that, so are you prepared to call a witness? MR. HARPER: Yes, Your Honor.

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16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q A Q A that hard. witness. as well. THE COURT: Thank you. Swear in the Ms. Weeman, Applegate. THE COURT: MS. MUNSON: Okay. We would like to call Alexis

Your Honor, this is a notebook of

Plaintiff's exhibits I've handed Defendant's counsel. May I approach? THE COURT: MS. MUNSON: Just give it to Ms. Weeman. We have a copy for Your Honor

Please raise your right hand.

are you prepared to swear in the witness? THE CLERK: Whereupon, ALEXIS APPLEGATE. having been duly sworn, was called as a witness and was examined and testified as follows: THE COURT: Thank you very much. It's not No.

Go ahead, Ms. Munson. DIRECT EXAMINATION BY MS. MUNSON: Please state your name for the record. Alexis Applegate. And where do you work? I work in the Washington, D.C. Office of Heritage Reporting Corporation (202) 628-4888

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Kilpatrick Stockton, LLP. Q

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Were is that office located in relationship

to this Court? A 607 14th Street, which is just a couple of

blocks from here. Q Stockton? A Q I am a paralegal in the litigation group. And describe your educational background for And what's your position at Kilpatrick

us after high school. A After high school I went to a small Quaker

school in Greensboro North Carolina by the name of Guilford College. I obtained a B.S. in political

science and a B.A. in German studies graduating from. I graduated in the honors program. I then did an

internship at the Environmental Law Institute here in D.C. at fter which point I stayed in D.C. to take a position at Kilpatrick Stockton. During that tenure

at Kilpatrick Stockton I completed my Masters in public policy at George Washington University in December of 2005. Q Turning now to the filing of the complaints,

who was responsible for filing the complaints on

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 behalf of the Salt River Pima-Maricopa Indian

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Community in the Court of Federal Claims and District Court? A Q A I was. And when did you file those complaints? On December 29, 2006. I can't be precise of

the time due to the fact that there are no time stamps. Q And do you remember what day of the week

December 29, 2006 that was? A Yes. It was a Friday, the Friday before New

Year's Thursday evening before. Q A Which of the complaints was filed first? I filed the Complaint in this Court, the

Court of Federal Claims, before District Court. Q And what time on December 29th a Thursday

night did you file the Court of Federal Claims complaint? A Q A Shortly after 9:30. And how do you know that? I received an email from a colleague,

Katherine BoskenLawson, that forwarded the final versions of the Salt River complaint in conjunction

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MS. MUNSON: If you would, please take a look at with two of our other tribal clients. tribe requirements.

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And at that point we prepared them and

brought them over for filing. (The document referred to was marked for identification as Plaintiff's Exhibit No. A.)

Plaintiff's Exhibit A? for us, please? A

Can you identify the document

It's the 9:26 email I just referenced from

Katherine BoskenLawson to myself and a number of other individuals forwarding the Tohono O'odham, Salt River and Ak-Chin CFC complaints. Q A And who is Katherine BoskenLawson? Ms. BoskenLawson is an attorney in our

Winston-Salem office who is from the office on our team. Q And why didn't her email include a link to

the Passamaquoddy Court of Federal Claims Complaintreference? A Another one of my colleagues, Justin checked on the finalization of

Guilder, was handling

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 that complaint. Q And when was the Court of Federal Claims

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complaint for Passamaquoddy finalized? A Q Simultaneously. What does Ms. Bosken'sLawson's email say

about the Court of Federal Claims complaint for AkChin? A Q It forwards a final version. And was that actually the final

versionfinalized? A It was not. It turned out we needed some

further informationwas sent back. Q And when was that complaint, the Ak-Chin

Court of Federal Claims finalled? A Q A Q It was after 11:40. And when did you file that complaint? Later in the afternoon. Why didn't you wait until the Ak-Chin Court

of Federal Claims complaint was ready and file to be filed; all four of theose Court of Federal Claims Complaints at the same timewere ready? A clients. Well, we represent obviously several tribal I didn't want to adversely impact their

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 complaint. interest in filing these complaints due to the fact that we had been delayed on another. Q

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How many tribal trust complaints altogether

did you file on December 29thwith the courts? A Seven. Four in this Court and three in the

District Court. Q Please describe for us each of the steps you

took to complete the filing of each of followed in filing those complaints? A Sure. We prepared, as I mentioned earlier,

the Salt River, the Tohono O'odham, and the Passamaquoddy, CFC complaints first. I brought those

over, I walked them over, filed them, obtained a receipt, and then walked back to the office. I

arrived andwhen the District Court complaints for Salt River and Passamaquoddy were ready. I took a cab over

to the District Court, filed those with the intake clerk and took a cab back to the offices from the District Court at which point we prepared the Ak-Chin complaint for, the CFC, walked that over and brought that back. Then we prepared the Ak-Chin District Court I took a cab over to District Court to

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MS. MUNSON: I'm sorry for interrupting you. file the Ak-Chin complaint. The intake clerk stated

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that she was too busy to complete the filing while I waited, so I returned to the office to return later to complete the filing . Q A Q A What time did you start work that morning? I think it was like 7:30. Why the early start? We had a lot to do that day. I had in my

career not filed seven complaints in one day, so I wanted to insure there was enough time to get everything done. Q When was the District Court complaint for

Salt River ready to be filed? A Q A Actually, the night before on the 28th. Okay. How do you know that?

There was an email from myself to our IT

guy, Blaine Young, forwarding the final PDF version of the Salt River complaint. (The document referred to was marked for identification as Plaintiff's Exhibit No. B.)

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q A. Q. Go ahead. If you would, take a look at Exhibit B?

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Can

you identify it? A Sure. It's an email from myself to Mr.

Young, the one I just mentioned forwarding an attachment of the PDF version of the Salt River complaint, so that he could put it on athe CD perfor the District Court requirements. Q If the District Court complaint for Salt

River was readymeant to be filed on the evening of December 28th why did you the Court of Federal Claims FC complaints first? A Mr. Harper instructed me to do it that way. (The document referred to was marked for identification as Plaintiff's Exhibit No. C.) If you would please turn to Exhibit C. Can

you identify that document for us? A Sure. It's a 9:44 p.m. email on the evening

of the 28th from Keith Harper to our team, specifically it asks me to make sure the two Courts are not closing early. Q And why was there concern about the Court

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 closing early? A It was the day before both the New Year's

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holiday and President Ford had passed away so there was another holiday. He wanted to make sure the

Courts were not closing early for those holidays. Q And what did you do in response to the e-

mail? when you -A I called both clerks' offices. The District The

Court stated that there was no plan to do so.

clerk here in at the CFC stated that he didn't know of a plan but he was not in charge of what the Chief Judge decided. Q A Q A What did you do with that information? I relayed it to Mr. Harper. And how did he respond? He asked me to file the CFC complaints first

both because of this comment by the clerk and because we had already filed the District Court complaint the day before and were familiar and comfortable with that process as we had done them before as well. The CFC

complaints, I had filed pleadingsprevious, but I had not filed complaints with in the CFC before, so we wanted to allow ourselves enough time to make any

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 corrections if it was necessary. Q To your knowledge had did Mr. Harper ever

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filed a Complaint in have a problem with the complaints with the CFC? A Q Not to my knowledge. How did you respond to Mr. Harper's

instructions? A Q A I carried them out. And how did you do that? If for some reason I wasn't able to carry

out his instructions, I would have notified him of that, and I don't recall any such conversation with him, so I carried it out in the manner in which he instructed me. Q What time on the 29th did you file the

District Court complaint for Salt Riverhim? A My estimation again, there's no time stamp, It took me

but it's probably estimated around 10:30.

that amount of time to get them ready and then (inaudible) to get over to the District Court to file themit. (The document referred to was marked for identification as Plaintiff's

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q please? A BY MS. MUNSON: Exhibit No. D.)

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If you would turn to Plaintiff's Exhibit D, Can you identify that? Sure. It's an email string actually

specifically at 8:59 there's an email from Mr. Harper to myself and a number of other individuals saying that while we prepared the CFC complaints I should go file the DDC(inaudible). Q A Q And did you in fact do that(Inaudible)? I did not.(Inaudible)? And when did you receive this email or

remember seeing this e-mailit? A I don't remember seeing it until we started I was not at my desk when I was upstairs on another

preparing for discovery. this email came through.

floor working with Mr. GuilderMiller and Mr. Harper and a number of other individuals on preparing the complaints. In addition, at about that exact time I

was calling the clerk's offices as they were opening to make sure they weren't closing. the time, at least, I didn't have In addition, at they said there was

no a Blackberry, so I wouldn't have beenasn't checking

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MS. MUNSON: If you would, please turn to Plaintiff's Can you identify my emails.

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(The document referred to was marked for identification as Plaintiff's Exhibit No. E.)

Exhibit E and take a look at that. that for us? A Sure.

It's a petty cash slip, which is what There are

our firm uses for cash reimbursements with. two taxi cab receipts attached.

They represent an

a.m. notation, meaning thatand anyway it was in the morning and my first trip of the day from our offices to the District Court at 333 Constitution. Q receipt? A I did later that day. It was year end so I And who made the a.m. notation on the

had to get all reimbursements and time in, in order to make sure the bills closed at the end of the day. We were in so I had to get all of the reimbursements and file them. Q How many additionalsmall trips did you make

to District Court that day?

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MS. MUNSON: A Two additional, I made three total. (The documents referred to were marked for

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identification as Plaintiff's Exhibit Nos. F and G.)

If you would please take a look at Exhibits

F and G and identify those documents for us please? A Sure. Exhibit F is again a petty cash There's an indication

receipt withfor a taxicabs.

that it's the second trip of the day which would be my first trip with regards to Ak-Chin. Again, I made

that notation(inaudible) that day and submitted them that day. Similarly, G is another petty cash receipt Two are for

with more taxi cab receipts to and from .

the District Court with thean Ak-Chin notation stating. complaint. Q What time of day was the taxi trip notated I that it was another trip for the Ak-Chin

with the second trip, which you testified was the firsta trip A for Ak-Chin?

The only time I have, it would have had to

have been had it before it was 12:41.

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MS. MUNSON: Q A How do you know that? I sent an email to Mr. Austin at 12:41

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stating that I had completed dropping off all the filings, but was waiting for the clerk to finish the summons and prepare it all for filing. that he was waiting for including (inaudible) all the filings that were waiting for the Court's (inaudible). (The document referred to was marked for identification as Plaintiff's Exhibit No. H.)

Could you please turn to Plaintiff's Exhibit

H and identify that document? A Sure. This is again a string of emails. My

12:41 email that I just referenced is there from myself to Mr. Austin apologizing for just getting back to him as I was preparing and filing complaints, that we had filed them all but about (inaudible), and (inaudible) filed and then I was waiting for a summons. Q For which District Court complaint were you

waiting for the summons? A Ak-Chin.

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The Ak-Chin complaint was the last complaint It was memorable in several

I filed of the day.

sensesnotable for several reasons --­ One, it was somewhat odd because I had to drop it off and then go back and pick it up. In addition, I know that my last

trip of the day was to the District Court, and the District Court sequentially numbers their case numbers, and the Ak-Chin was the last of the onesone that wasI filed that day. Q How do you know that the District Court

sequentially numbersed the complaints? A I myself ccalled the clerk's office to

inquire toas did some of my colleagues inquire (inaudible). Q What time of day was your last trip to the

District Court? A Well, I know it was between 12:41 and I

think it's 2:23. There was another email that I sent to Mr. Austin stating that everything was done. (The document referred to was marked for identification as Plaintiff's Exhibit No. I.)

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document for us? A It is the 2:23 email. It statesstating I

just got back from the Court leaving soon, have to get my time in before I leave.(inaudible)So at that point in time I had completed everything and had given them to the process server to be served. everything\. (The document referred to was marked for identification as Defendant's Exhibit No. 3.) completed

Would you Please turn to what the government

has marked as Exhibit 3 in support of the Motion to Dismiss, it's the last document in the notebook with tab 3? A Q A Well, the document has 3 on it? Can you identify that for us, please? It looks to be from the website notice down

here -- a PACER printout of the initial filings that were made on December 29, 2006. Q And what does this listing reflectsay with

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regard to this the District Court's complaints for -Salt River and Passamaquoddy? A Q They are the first filed of the day. And how do you reconcile the fact that

Passamaquoddy and Salt River were first two filed in the District Court when you testified that you had filed complaints in the Court of Federal Claims prior to filing these? MR. LARSEN: MS. MUNSON: reconciling something. Objection, leading, Your Honor. I'm just asking her how she's My question doesn't in any way

suggestate what the answer to that question should be. It is not a leading question.'ll -MR. LARSEN: THE COURT: Your Honor? I'm not sure how the witness is

in a position to reconcile it at all. MS. MUNSON: THE COURT: MS. MUNSON: Okay. Why don't you rephrase it. Okay.

BY MS. MUNSON: What time of day did you file the Salt River

and Passamaquoddy complaints? A As I mentioned earlier it was around 10:30

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q in the day; 10:30 in the morning. but iIt seems

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plausible to me that they would therefore be the first two of the day, y were there (inaudible) due to the

fact complaints aren't usually filed in my experience until later in the afternoon so you have a full day to prepare (inaudible). MR. LARSEN: THE COURT: Your Honor? It's based upon the witness's

experience, and so I'll just take it like that. MR. LARSEN: Okay.

BY MS. MUNSON: Have you reviewed any of the filings listed

on the docket sheet showing the actions initiated on December 29th? A I have, I reviewed n't reviewed everything

filed after Ak-Chin through the PACER service provided by the Court system. Q A And what does these filings show? TheyIt shows that after the Ak-Chin case,

there were only nine cases that were filed in person during business hours. Q A And how does these listing it show that? They have the same file stamp as those that

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MS. MUNSON: If you would please take a look at Could you identify the were filed during business day for hours. (The document referred to was marked for

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identification as Plaintiff's Exhibit No. J.)

Plaintiff's Exhibit J?

documents included in Exhibit J is? A Sure. After the 15 that were filed in

person, there are five here --­ Coleman v. Lappin (ph) is the first here. They are all marked with the

received stamp, at ofan earlier date than when they were shown to be filed, so Coleman v. Lappins (ph) was received on December 11 and was not filed until December 29, Wills. v. D.C. Jail (ph) was received on December 12 and filed on December 29 -- Harris v Goings Jr. was received on November 29; and filed on December 29. Harley v. U.S. Parole Commission was received on October it looks like 13th, 2006; and filed December 29th, and the last was received November 27th and filedreceived December 29th. That

indicates that the documents when they were received

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MS. MUNSON: Okay. Q didn't have everything that they needed, perhaps not the filing fee, and therefore had to be held until they were ready. (inaudible). MR. LARSEN: Your Honor, just for the to have done to file and therefore

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record, the witness has now just testifying as to random speculation as to why the Complaints weren't filed(inaudible). THE COURT: No, I understand. I understand.

BY MS. MUNSON: Referring you back to Defendant's Exhibit 3,

whatith do the pleadings listed on this docket sheet after Stamps versus Secretary stamps necessary show -that's on second page of Defendant's Exhibit 3? A The next five are a number of Notices of

Removalcases that were filed in the after hours depository box that all have a time stamp that shows that they were filed after the Court was closed. (The document referred to was marked for identification as Plaintiff's Exhibit No. K.)

Now please take a look at Exhibit K.

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A Q please? A Sure. The first coincides with what is on It's Beynum v. Clay. It was Sure. Can you identify those documents for us,

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Defendant's Exhibit 3.

dropped in the depository box at 5:532; Ruffin. Department of of Youth Rehabilitation Services (ph) was dropped in at 5:53; and CS&Wilson-Green (ph) was 5:52; Cruz-PackerHarper (ph) was 5:51 and Davis was 5:58, indicating that they were all filed in the after hours depository box. Q And based on the pleadings that you just

reviewed in Exhibit K, one of those when were the complaints listed in Defendant's Exhibit 3 that were was listed after those Notices of Removal filed? (inaudible)? MR. LARSEN: Objection, Your Honor. This

witness does not have first-hand knowledge of any of this evidence that she's testifying to. The documents

can speak for themselves, in fact the documents can speak for themselves as the only evidence really the Court has ordered. complaints. Ms. Applegate did not file these

Ms. Applegate knows just as much as any

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 of us in this courtroom about what happened to the filings. MS. MUNSON: All she's doing Your Honor is

37

she's not offering any sort of expert testimony here orin specialized knowledge. She simply going through

(inaudible) pleadings, and she's just telling us what tying it with the notations on the documents themselves to say about what time they were filed. MR. LARSEN: MS. MUNSON: Your Honor? We're simply going through and

authenticating the documents to get them into the record. THE COURT: the documents. You don't have to authenticate

They're self-authenticating. The documents speak for

MR. LARSEN: themselves. THE COURT: MS. MUNSON: to something else. THE COURT:

They do. All right. Well, let's go on

I assume you agree with their Okay.

admission and we'll grant that motion. MS. MUNSON:

Yes, thank you, Your Honor.

BY MS. MUNSON:

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 L? Q BY MS. MUNSON: If you would please take a look at Exhibit Q As a paralegal employed by Kilpatrick

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Stockton over the past six years, approximately how many in person filings have you done? A Q Hundreds. And at what time of day did you think

youmake these filings? filed those? A They were almost always filed in the

afternoon to give as much time as possible to work on the document(inaudible). Q And prior to December 29th(inaudible), how

many in person filings had you done by 10:30 in the morning? A None that I recall. (The document referred to was marked for identification as Plaintiff's Exhibit No. L.)

Can you identify that document for us? A It's an email string between yourself and to email me asking me: do

myself, you had e-mailed me

you know of a way to find out what time the SR and Passamaquoddy cases were filed in the CFC and the

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 District Court on December 29th. Q sentence? A Well, my first sentence, I at first said And what was your response, the first

39

there's No there's no no precise way.

There's no time

stamp on the documents filed during the clerk's office business hours, just the date. Q Now, the second sentence in your April 23

response referred to your having "dropped them off at the intake clerk so she can process them." that about? A That was the Ak-Chin complaint that I What was

referenced earlier. Q And let me direct your attention to the

sentence in your the April 23 response that begins with "As for theking CFC..." It says, "As for theking

CFC, I know I went over there and we were missing copiessomething, so I had to come back to the office and get it." Please explain for us how many trips you

made to CFC and why? A Again, I made two trips to CFC. The first

was to file the Salt River, Tohono O'odham.

and Passamaquoddy and I

The second was the Ak-Chin.

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referenced the missing somethingm, I said something -I believe I got that confused with an admissions packets that I had to run bring over in January 2007 for Mr. Austin in reference to Ak-Chin and another Kilpatrick Stockton attorney document in which I was missing an element of the packet and had to return. Q And in your email response on April 23, what

do you say regarding the emails in your sent box(inaudible)? A I said I would forward ed you any emails

from my sent box that I found. (inaudible). Q A Q A Q And did you review those(inaudible) emails? I did and I forwarded them to you. (Inaudible). When I forwarded them to -What else have reviewed since then regarding

the filings? -A I have reviewed Court rules, both local and

federal, Rules of Civil Procedure, most other procedure I have reviewed my e-mails the final email in addition to the emails that were produced in discovery with regard to this issue. And I have reviewed pleadings filed in the case regarding this

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APPLEGATE - DIRECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 THE COURT: MR. LARSEN: issue. (inaudible) this year, and I (inaudible) statements by (inaudible). Q WhenWhat have you concluded based on your

41

review of those materials? did you conclude the filing was (inaudible). A That I filed I mean, I filed the Salt River

CFC complaint before I filed the District Court Complaint.(inaudible). MS. MUNSON: at this time. I have no additional questions

I would like at this point to moven

light of the (inaudible), Exhibits A through L be received in evidenceinto evidence. MR. LARSEN: THE COURT: No objections. Okay. They'll be admitted.

(The documents referred to, previously identified as Plaintiff's Exhibit Nos. A through L, were received in evidence.) Mr. Larsen? Your Honor, may I have a couple Would

of minutes before I start my cross-examination? that be okay?

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q A Q break. MR. LARSEN: Thank you. THE COURT: Sure.

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We'll take a five-minute

(Whereupon, a short recess was taken.) THE COURT: MR. LARSEN: Mr. Larsen, are you ready? Yes, Your Honor. Thank you.

Your Honor, just like the Plaintiff, the government also has a binder of exhibits I've shared with counsel. May I approach, Your Honor? THE COURT: MR. LARSEN: Yes, please. I've provided identical copies

for the Court, for the clerk and for Ms. Applegate (inaudible). CROSS-EXAMINATION BY MR. LARSEN: Good morning, Ms. Applegate. Good morning. During the break, Ms. Applegate, you saw me

scribbling on the board here, and I did this just for demonstrative purposes. MR. LARSEN: Your Honor, is the writing

large enough for you to see? THE COURT: It's large enough, but there's

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not enough contrast, so why don't you explain what it is. MR. LARSEN: THE COURT: MR. LARSEN: Okay. The record can't see it either. Sure, Your Honor. Sure.

BY MR. LARSEN: What I went ahead and did was try to create

the series of events that you testified to on direct, and I used some abbreviations because some of the tribal names are rather long, but the letter PMQ I've abbreviated for the tribe Passamaquoddy Tribe of Maine v. United States. The abbreviations SRPM stands for

Salt River Pima-Maricopa Indian Community, TO is Tohono O'odham. Again, I repeated the same abbreviations down here, and you'll see down toward the bottom of the board the Ak-Chin and Ak-Chin, and then off to the right-hand side you see the abbreviation CFC. That

means the Court of Federal Claims, DDC the United States District Court for the District of Columbia. BY MR. LARSON: Ms. Applegate, you testified that on the

morning of December 29, 2006, that you filed the

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 complaints in this Court for tribal plaintiffs Passamaquoddy Tribe of Maine and Salt River PimaMaricopa Indian Community and the Tohono O'odham Nation first, correct? A Q Yes, I did.

44

You testified that that was somewhere in the

ball park of about 9:30 a.m. A Q Shortly after 9:30. Okay. You then went to the District Court,

and you testified that after you had gone back to the office and done what you needed to do over there, you took a taxi to District Court and filed complaints in the Passamaquoddy Tribe of Maine and the Salt River

Indian Community, both of these versus Dick Kempthorne and various other defendants? A Q Yes, in the --. Right. Dirk Kempthorne. In the District Court,

Excuse me.

and that was approximately 10:30 in the morning, correct? A Yes, but as I said, it's an estimation. I

figure out how long it would have taken me to do the actions I needed to do and estimated it was 10:30, yes.

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MR. LARSEN: Okay. Now, I'd like to go through some of Q A Q Right. Of how long it took. Right. Okay.

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And then you returned back to

your office, and I think your testimony was that you said that you discovered that the Ak-Chin Court of Federal Complains Claims complaint was then ready. You prepared that complaint, walked down to this Court and filed it, and then finally you took a cab back to the District Court and filed the District Court action for the Ak-Chin Tribe, correct? A Well, finally I took it to the District It was (inaudible)and

Court and dropped it off.

rReturned later to file it once it was ready. Q Right. Okay. But you'd agree that this is

your best estimate? A Yes. (The document referred to was marked for identification as Defendant's Exhibit No. 1.)

the evidence that some of these documents you may have seen before, and I'll go through them, and they may

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

46

have a different government or Defense exhibit, but I certainly you have any have some questions feel free to to go over it. Now, I'd like you to first turn to

the exhibit that's behind Tab No. 1, the Government's Defense Defendant's Exhibit No. 1 in the government's folder. A Q Yes. And I believe you did testify to this

exhibit with Ms. Munson, so at 8:59 in the morning on December 29, you received this email, or least your email system received this email directing you from Keith Harper that you're to file the complaint in the District Court action while we presume changes were being made to the Court of Federal Claims complaint. Is that correct? A That is what the e-mail states, yes. I

believe so. Q Right. And you also testified that sometime

after Mr. Harper's 8:59 email on December 29 that you were orally countermanded by Mr. Harper. He told you

forget the instructions he gave you earlier that day and file the Court of Federal Claims action. true? Is that

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A I'm not sure if he told me to forget. I

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don't remember ever hearing anything about the District Court being filed (inaudible)first, period. So but yes he did orally instruct me to file the Court of Federal Claims first. Q And that was the action in this case, the

Salt River Pima-Maricopa Indian Community? A Q Yes. And so your understanding was that you were

to file then the complaints in this Court first? (inaudible)That was your testimony? A Q (Inaudible)Yes. Now, you agree that 8:59 in the morning on

December 29 that the Court of Federal Claims complaints were not yet prepared to be filed? A No. There will still changes being to the I had prepared all the other (inaudible)and

complaints themselves.

necessary elements the day before throughout the week before. Q Okay.

And you know this because you

testified on direct that you received an email from an associate back in one of your firm's other the offices, Ms. Katie LawsonBosken, and transmitting the

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MR. LARSEN: If you would look at Defendant's Defense Ms. Applegate, this document, final versions of these complaints at approximately 9:26 a.m. on December 29? A Q That's true. Yes, sir.

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And then I believe you also testified that

another associate at your firm was working on the Passamaquoddy complaint at 9:26 a.m? A Yes. (The document referred to was marked for identification as Defendant's Exhibit No. 4.)

Exhibit No. 4?

Defendant's Defense Exhibit No. 4, is this document the e-mail that you were just discussing, the transmitting the final copies of the complaints? A Q Yes. And these at 9:26 were not ready for filing.

Is that true? A At 9:26 they weren't were ready for filing.

They were to be printed out and copied to be then filed. Q Right. (Inaudible)We'll go through that,

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MR. LARSEN: but you weren't at the courthouse steps at 9:26 to present them for filing. A No. (The document referred to was marked for Were you?

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identification as Defendant's Exhibit No. 5.)

Now, I'd like you to look at Exhibit No. 5.

Do you recognize this document, Ms. Applegate? A Q Roybal. direct. A Q A I believe so do. It's an email from Justin Guilder to Edward I think you testified to this document on Isn't that true? I did. And the document -Actually, Nno. No. I don't think I I'm familiar with

actually testified to this one, no. it. Q A Q Okay. Do you recognize --

I'm not sure. Okay. And the document is an email from Is Justin Guilder an associate at

Justin Guilder. your firm?

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q A Q He is in the DC office. Right. And Edward Roybal, he's an outside

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counsel for the Ak-Chin Indian Community? A Q Yes. And Sso at 11:41 Mr. Guilder was saying can

you give me some information related to the Ak-Chin complaint, correct? A That's cCorrect. (The document referred to was marked for identification as Defendant's Exhibit No. 6.) Look at Exhibit No. 6 please, Ms. Applegate.

It's also an email from Justin Guilder to Mr. Roybal, and that's Friday, December 29 at 1:28 p.m. A It's actually, to correct you, it's from Mr.

Roybal to Justin Guilder. Q Thank you. Thank you. My mistake. Again,

if you look down further in the email chain it looks to be that in reference to Exhibit No. 5 is consumed in Exhibit 6, it looks to be that it could have been a response? A Q Yes.Right. And this appears to be a response at 1:28

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 time. p.m.

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Do you know whether Mr. Guilder had gotten that

information prior to 1:28 p.m.? A Yes. It was a piece of information we were

able to find elsewhere. He got that information regarding the filing. Q Okay. received? A It was pretty close to around the 11:41 when we were were trying to find it at the same But do you know when that information was

time we e-mailed Mr. Roybal. Q you know? A Q Five minutes.I don't know. Okay. But we do know at least that Mr. Pretty close? Five minutes, 10 minutes, do

Guilder did not have it as ofuntil 11:41, so now let's look back at Exhibit No. 4 now just turning your attention back to Exhibit 4, let's just assume for purposes of your testimony here that aside from the Ak-Chin complaint that you testified that you filed the Ak-Chin complaint separately from the other three, and that would be Passamaquoddy, Salt River and the Tohono O'odham complaints that you just testified it

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 was at least 11:41 in the morning that the last one was filed.

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Let's go back to 9:26 a.m., and I would like to walk you through the steps you took that morning starting at 9:26 a.m. when this email had come in transmitting these three or four complaints that you say you were ready for filinggoing to file them. Do

you recall where you were at 9:26 a.m. on the 29th? A In orand near Mr. Guilder's office and at

his the secretary's station right outside his office. Q Do you know when you received this email or

were notified that complaints were ready to be filed? A Pretty simultaneously. Mr. Guilder was the

one who notified me about (inaudible) and he received the e-mail at 9:26. Q A Okay. (Inaudible)Within a few minutes?

(Inaudible). If not at the same time, right,

we were right there. Q Okay. Okay. Now, I believe you testified

on direct that you have to file ­- I believe you testified on direct, butand if I'm incorrect, please do correct me, but you testified that each complaint in the Court of Federal Claims required you to make

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 seven copies of each complaint. A. Q. That's correct. , aAnd you were going to file as of 9:26 in the

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morning, you knew you had to file the Passamaquoddy, Salt River Pima-Maricopa and the Tohono O'odham complaints, so you needed to make 21 copies of the complaints? A (Inaudible)I needed to make 21 copies of a

less than 20-page document, yes. Q Okay. So you made 21 copies of three

complaints? A Q A (Inaudible)I did. Or seven copies -(Inaudible)Let me rephrase. It wasn't

necessarily me that did it.

There was a team working

on this getting all this together, there were several of us getting these together simultaneously. Q Were you one of the people though that were

making copies? A Q I was in the copy room, yes. Okay. So you made the three, the seven

copies of each of thethese three complaints, and is the copy machine near your desk or on another floor?

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it's right next to (inaudible) Mr. Guilder's office, yes. Q Okay. Okay. And do you recall about how

long it took to run the 21 copies of the three different complaints? A I don't recall specifically. I know that we

have multiple machines and that I can expect they also automatically were all used staple and do everything you need them to do. Q A Okay. They are pretty state of the art, so it

couldn't have taken more than probably five to 10 minutes tops. Q Five to 10 minutes? So we're at 9:36 at the

very minimum if it's five to 10 minutes in the morning. A Q Yes. Now I'd like you to turn back to Exhibit 1 Exhibit 1

and look it briefly for a minuteoment. again is an email chain.

When we first discussed

Exhibit 1, we were talking about the 8:59 email, which you received from Mr. Harper. I'd like you to look

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 with Q actually at the top email. It's an email that's

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actually dated December 29, 2006, at 2:24, and you can see the email chain directly below that from a Danya Stephens? A Q A Yes. Is Danya Stephens employed at your office? She's Iin another office, but she's employed of Kilpatrick Stockton. Okay. And you see the subject line it says,

"need rush checks," and that email is as I understandtime-stamped it at 10:09 a.m.? A Q Yes. At least we know that you have the copies of Are these rush checks

the other checks you needed.

referring to the filings fees-A Q A They're not. Okay. What are they?

They are for another matter (inaudible) They don't have anything to do with

completely.

Passamaquoddy, Salt River, Tohono O'odham or Ak-Chin. Q Can you explain why they're part of this

email chain? A They are a part of the email chain because

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 yes. Q Okay. Now, in addition to getting checks,

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they were are a related to a tribal client that we did not end up filing a complaint for(inaudible). Q Okay. So your testimony is you already had

the checks? A I had prepared the checks prior to this,

and you said you already had them and 21 copies of the complaints, had you previously prepared civil cover sheets? A Q YesI had. For both courts. Now, when you completed the copy process,

and you provided these final copies for Mr. Harper, you needed to have one original signed copy. true? A Q Yes. That is true. OkayAll right. So you got Mr. Harper to Is that

read through each complaint and sign that one original complaint before you made the copies, correct? A Q A Q Yes. Is Mr. Harper's office near the copy room? It was at the time, yes. Was it a couple of minutes away?

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 away. Q Okay. So it's probably 9:45. A

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Half a minute Not even -- less than a minute

We know it's

at least 9:36 before you were ready to walk down to the Court of Federal Claims. A Q Yes. What floor is your office located on and Do you agree with that?

(inaudible) at 607 14th Street. A We're at the nine through 11th floors. on

the ninth floor. Q (Inaudible)And what floor ­ Do you recall

what floor you were on? A The floor that I was on that day was

xeroxing the 11th. Q So approximately let's just say 9:40 in the

morning you got on the elevator and walked down the street, and you walked to the Court of Federal Claims, which is approximately only a half a mile? A Q A No. Absolutely, not.

Four tenths of a mile? I don't know. I know it takes me less than

five minutes to walk over, less than five minutes here today.

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q A Q So it took you less than five minutes to

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walk roughly 0.4 milesa quarter mile? A Q Yes, if you look it up on Google, sure. So you traveled about four-tenths of a mile

in five minutes? MS. MUNSON: Objection, Your Honor. She's

already testified she doesn't know how far it is, and that it took her less than five minutes. BY MR. LARSEN: Did it take you four minutes? It took me less than five minutes. I can't,

I don't know. Q Okay. You walked up to the court. You

stood in line -- at the -- was there a line at security? A Q A Q No. You walked straight to the clerk's office? Yes. Okay. I did. And then you filed your three

complaints in Passamaquoddy, Salt River and Tohono O'odham? A Q Yes, I did. And you took these 21 copies, and you filed

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q BY MR. LARSEN: Okay. Please look at Exhibit No. 7. them, correct? A Q I did. And you provided the intake clerk with

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copies of the complaints, the civil cover sheet, the filing fees, and I think you testified on direct that you then received a file-stamped copy of the complaint received it and walked back to the office? A That's correct. (The document referred to was marked for identification as Defendant's Exhibit No. 7.)

Do you

recognize this document? A Q document. A Yes. Okay. I've seen it before. Well, how do you recognize the

You said you've seen this before? I've seen it insince these proceedings

(inaudible) for discovery purposes. Q Okay. Could you just read into the record

the Bates label number at the bottom right-hand corner? A SR00014.

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q that. Q Okay.

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Would this be the copy of the receipt

that you received when you filed the complaint in Salt River Pima-Maricopa Indians Community Case?or -A Q It looks to be, Yyes. Could I get you to look now at -- strike Do you recall approximately, Ms. Applegate, how

long it took you to stand in line, file the complaint, get copies of the complaints in order to be ready to walk out the door? MS. MUNSON: Objection, Your Honor. She's

already testified that she did not have to stand in line. MR. LARSEN: the standing in line. BY MR. LARSEN: Do you recall approximately how long you I'm sorry, Your Honor. Strike

were at the Court of Federal Claims? A I recall that it was not fordid not take me

very long at all, because there no one was there. They processed my complaints very quickly, in fact, I I don't have a specific recollection recollection of

the length of the wait of thinking why Keith and I were so worried about this because it was a very easy

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 process. Q Okay. And so then your testimony is once

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you completed your your filing was received, you got your Court-stamped copies and your receipts, you walked back to the office, and you discovered that at that point that the Passamaquoddy and the Salt River complaints were ready for filing? A Q Yes. Okay. So again, without going through all

the details, you went up to the seventh or the eighth or ninth floor, in your officer -A Went to the 11th floor to find that

Eeverything had been prepared for me already, the copies and (inaudible) what not had been made and returned back down to catch a cab. Q So popped in the office, grabbed the

materials -A Dropped off the CFC materials, picked up the

DDC materials and then walked back and got on the elevator(inaudible). Q Okay. And then you took a cab to the

District Court, correct? A Yes.

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APPLEGATE - CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q

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Do you recall about how long it took you to

take a cab to District Court on December 29? A I do it regularly. It usually takes five to

10 minutes. Q And when you got to the District Court, you

then went through security? A Q A Q A Q Yes. Walked to the clerk's office. Yes. And then stood in line. Was there a line?

Not that I recall no then. Okay. And then you filed the complaints in

Passamaquoddy and Salt River, and you testified that was approximately 10:30 in the morning? A Right. (Inaudible)Yes, I got there and did

that around 10:30 is my estimation. Q How many copies did you provide for a filing Do you recall?

in District Court. A and one.

(Inaudible) It's, I believe it's an original You then have the copy and notice of related

cases, athe civil cover sheet, the payment and a number of other items. and (inaudible). Q Okay. And so you provided those materials

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visit the cashier? A Q A Q filing? A Q She did. And the file stamped copies of the complaint