Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:05-cv-00381-CFL

Document 44-4

Filed 05/25/2007

Page 1 of 3

Exhibit C

Case 1:05-cv-00381-CFL

Document 44-4 Filed 05/25/2007 Page 2 of 3 U.S. Department of Justice
Environment and Natural Resources Division

90-1-23-11556
Natural Resources Section

Telephone (202) 305-0239
H elenA nne.

P. O. Box 663

Ben Franklin Station Washington, DC 20044-0663

Facsimile (202) 305-0506 Listermmi((.rdoj.gov

May 2, 2007
Via Electronic Mail and First-Class Mail

Julie D. Greathouse Perkins & Trotter, PLLC P.O. Box 251618 Little Rock, AR 72225-1618
Re: Arkansas Game & Fish Commission v. United States, 05-381-L (Fed. Cl.)
Dear Julie:

As we advised you in our letter of April 6, 2007, our experts wil be taking tree core -sampleson-the-Dave--onaldson~BlackRiverWildlifeManagement Arean(WMk)asnpartof-he .nn_n factual investigation supporting their expert work in this case. You have indicated that you do not intend to object to our request to enter upon the propert.
While we had hoped to take the tree core samples in early May, our experts have discovered that due to the unusually large amount of rainfall in northeastern Arkansas this spring, much of the WMA is currently under water. The taking of these tree cores while the area is under water is more difficult, time consuming, and potentially dangerous.

Currently we are hopeful that if we wait a few weeks, sufficient drying wil occur such that the tree coring can be performed from solid ground. Therefore, we have tentatively rescheduled our tree coring work (which wil involve sampling approximately 420 trees and will take approximately 7-11 days) to begin on May 21,2007. However, if there is additional rainfall, and the ground does not dry out, we wil not be able to complete the tree coring by the current factual discovery deadline of May 31, 2007.
We have discussed with you telephonically the fact that we may be unable to complete the WMA remains inundated with surface water, and that, if so, we

this tree coring by May 31 if

intend to move to extend factual discovery for the tree coring to be completed. You have

indicated that you intend to object to our request to extend.
If you have any questions concerning our tree core sampling program, please let me
know.
Sincerely,

rA~

HelenAnne Listerman

Case 1:05-cv-00381-CFL

Document 44-4

Filed 05/25/2007

Page 3 of 3

CC: James F. Goodhart, Arkansas Game & Fish Commission
Jennifer Dalton, U.S. Army Corps of

Engineers

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