Free Notice (Other) - District Court of Federal Claims - federal

Case 1:06-cv-00934-FMA

Document 18

Filed 09/28/2007

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In the United States Court of Federal Claims
No. 06-934L Filed: September 28, 2007 Kaw Nation, Oklahoma Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) PLAINTIFF'S SUBMISSION OF PROPOSED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER AND RECORD RETENTION ORDER COMES NOW the Plaintiff, the Kaw Nation, Oklahoma ("Tribe"), pursuant to this Court's request at the telephonic status conference on September 11, 2007, directing the parties to confer regarding the submission of a proposed order on the issue of confidentiality agreement, protective order, and record retention order, and states as follows: 1. Pursuant to the Court's directive, counsel for the parties have conferred

regarding the content of a proposed Confidentiality Agreement and Protective Order and Record Retention Order ("Orders"). 2. the Orders. a. The United States submitted proposed Orders to the Tribe which did not contain mutually acceptable language. b. The Tribe suggested the use of the Orders entered in Navajo Nation v. United States, No. 06-945L as a foundation for negotiations. The parties are unable to reach an agreement on the language to be utilized in

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Case 1:06-cv-00934-FMA

Document 18

Filed 09/28/2007

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3.

Accordingly, the Kaw Nation asks the Court to enter the proposed Orders

submitted by the Tribe which are substantially similar to those Orders entered by this Court in Navajo. Only those items particular to the Navajo case have been changed. Respectfully submitted this 28th day of September 2007. _s/Michael D. McMahan_____ Kennis M. Bellmard II, OBA #13965 Counsel of Record Timothy M. Larason, OBA #5239 Sandra Benischek Harrison, OBA #18647 Michael D. McMahan, OBA #17317 Of Counsel ANDREWS DAVIS A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELLORS AT LAW 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Telephone: (405) 272-9241 Fax: (405) 235-8786 www.andrewsdavis.com ATTORNEYS FOR THE PLAINTIFF KAW NATION, OKLAHOMA CERTIFICATE OF SERVICE I hereby certify that on the 28th day of September, 2007, I electronically transmitted the attached document to the Clerk of U.S. Court of Federal Claims using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Terry Petrie and Anthony P. Hoang United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663

s/ Michael D. McMahan_______
202905.1

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