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

Case 1:05-cv-00708-CFL

Document 89

Filed 06/23/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SCOTT TIMBER CO., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 05-708C (Judge Lettow)

PLAINTIFF'S EMERGENCY MOTION FOR A STATUS CONFERENCE TO CLARIFY THE SCOPE OF THE TELEPHONIC DEPOSITION OF PAUL BROUHA SCHEDULED FOR TODAY, MONDAY, JUNE 23, 2008 AT 4:30PM Plaintiff respectfully requests an emergency status conference before the Court to resolve the scope of plaintiff's deposition of Paul Brouha which the parties have scheduled for 4:30 p.m. today, Monday, June 23, 2008.

Plaintiff's position is that it is entitled to depose Mr. Brouha within the scope of the subject matter described for Mr. Brouha's testimony on plaintiff's witness list filed with the Court on May 7, 2008, namely: Government concerns and issues regarding the survey and manage litigation; facts and analysis contained in the "Brouha Memorandum," dated January 22, 1999, and related subjects; authentication and explanation of documents concerning Mr. Brouha. Plaintiff understands that defendant's position is that the only document which plaintiff may use in the deposition with Mr. Brouha is plaintiff's trial exhibit 109, the "Brouha Memorandum."

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Case 1:05-cv-00708-CFL

Document 89

Filed 06/23/2008

Page 2 of 2

Plaintiff does not anticipate that Mr. Brouha's deposition will be more than two hours in length, depending upon defendant's cross-examination and the time needed to refresh Mr. Brouha's recollection, if any.

The parties have agreed to postpone Mr. Brouha's deposition, if necessary, in order to obtain a ruling from the Court on this important issue.

Respectfully submitted,

s/Gary G. Stevens SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Counsel for Plaintiff OF COUNSEL: Ruth G. Tiger Eric J. Pohlner SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Dated: June 23, 2008

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