Free Motion to Take Deposition - District Court of Federal Claims - federal

Case 1:05-cv-00183-NBF

Document 17

Filed 02/07/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS KAEPER MACHINE, INC., Plaintiff, v. ) ) ) ) No. 05-183C ) ) (Judge Firestone) ) ) ) )

THE UNITED STATES, Defendant.

DEFENDANT'S UNOPPOSED MOTION TO TAKE DEPOSITION IN PRISON Pursuant to RCFC 30(a)(2), defendant, the United States, respectfully requests leave of the Court to take the deposition of Mr. Se Keun ("Jim") Oh, who is currently confined in the medium-security Federal Correctional Institution at Elkton, Ohio as a result of his convictions for multiple counts of fraud against the United States. We have discussed this matter with counsel for plaintiff and represent that he does not oppose this motion. Mr. Oh's deposition is necessary because he was the owner of Euclid Machine, plaintiff's subcontractor which fabricated the armor housing assemblies that are the subject of this litigation. We have contacted the Bureau of Prisons to arrange Mr. Oh's deposition and are informed that Mr. Oh's deposition cannot be scheduled until we have procured a court order authorizing it, pursuant to RCFC 30(a)(2). For these reasons, we respectfully request that the Court issue an order granting leave for the United States to take the deposition of Mr. Se Keun ("Jim") Oh, currently incarcerated at the Federal Correctional Facility at Elkton, Ohio. Respectfully Submitted, PETER D. KEISLER Assistant Attorney General

Case 1:05-cv-00183-NBF

Document 17

Filed 02/07/2006

Page 2 of 2

DAVID M. COHEN Director

s/James M. Kinsella JAMES M. KINSELLA Deputy Director

s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7586 Fax: (202) 514-7969 February 7, 2006 Attorneys for Defendant

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