Free Witness List - District Court of Federal Claims - federal

Case 1:06-cv-00167-TCW

Document 64

Filed 07/29/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) OTAY MESA PROPERTY, L.P., et al., ) ) Plaintiffs, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ____________________________________)

No. 06-167 L (and consolidated cases) Hon. Thomas C. Wheeler (Electronically Filed July 29, 2008)

UNOPPOSED MOTION BY THE UNITED STATES FILE SECOND AMENDED WITNESS LIST Defendant, the UNITED STATES, hereby moves this Court, for good cause shown, to file its Second Amended Initial Disclosure of Witnesses. Defendant's Initial (Pretrial) Witness Disclosure was filed June 16, 2008. Defendant's Amended Initial Witness Disclosure was filed July 16, 2008. Defendant now proposes the filing of a Second Amended Initial Witness Disclosure to add a newly discovered witness. Plaintiffs do not object to the granting of this motion, and the granting of this motion will not otherwise affect the discovery schedule in this case. During the week of July 21, 2008, Defendant learned of the identity of a witness with relevant knowledge that was not previously known. This witness, Otis Harper, has knowledge concerning grading of roads on the parcels of property at issue in this litigation. Counsel for Defendant has conferred with counsel for Plaintiffs, who advise that they have no objection to the granting of this motion. Wherefore, the United States respectfully requests that Defendant be allowed to file its Second Amended Initial Disclosure of Witnesses dated July 29, 2008.

Case 1:06-cv-00167-TCW

Document 64

Filed 07/29/2008

Page 2 of 2

Dated: July 29, 2008. RONALD J. TENPAS Assistant Attorney General Environmental & Natural Resources Division s/ Susan V. Cook, by E. Kenneth Stegeby SUSAN V. COOK, Senior Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044 Tele (202) 305-0470 Fax (202) 305-0506 [email protected] Counsel of Record for Defendant