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

Case 1:02-cv-01795-JFM

Document 92

Filed 09/08/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) THE SWEETWATER, A WILDERNESS ) LODGE LLC, ) ) Plaintiff, ) ) No. 02-1795C v. ) (Senior Judge Merow) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) NOTICE OF FILING LIST OF JOINT TRIAL EXHIBITS AND UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED LIST OF DEFENDANT'S TRIAL EXHIBITS In accord with the discussions among the parties and the Court at the September 6, 2005 final pre-trial conference, defendant respectfully files, on behalf of both parties, the attached joint list of trial exhibits. The parties stipulate to the admissibility of the joint exhibits. Defendant also respectfully requests that the Court grant leave to file the attached amended list of trial exhibits that defendant expects to offer at trial for case-in-chief or rebuttal purposes, other than those to be used exclusively for impeachment. The joint exhibits have been deleted from the list that defendant filed on August 12, 2005. In addition, the exhibit now identified as defendant's exhibit 6, which was inadvertently omitted in defendant's original list, has been added, and typographical errors to the exhibits now identified as exhibits 9 and 10 have been corrected. Defendant's counsel has conferred with plaintiff's counsel, and plaintiff does not oppose the addition and corrections. Defendant continues to reserve its right to use any exhibits listed on plaintiff's list of trial exhibits, and any exhibits necessary for rebuttal.

Case 1:02-cv-01795-JFM

Document 92

Filed 09/08/2005

Page 2 of 3

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director

OF COUNSEL: KENNETH S. CAPPS Attorney-Advisor Office of the General Counsel Rocky Mountain Region U.S. Department of Agriculture P.O. Box 25005 Denver, CO 80225-0005

s/ John H. Williamson JOHN H. WILLIAMSON Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice ATTN: Classification Unit 1100 L St. N.W., 8th floor Washington, D.C. 20530 Tel: (202) 307-0277 Fax: (202) 307-0972 Attorneys for Defendant

September 8, 2005

Case 1:02-cv-01795-JFM

Document 92

Filed 09/08/2005

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 8th day of September, 2005, a copy of the foregoing "NOTICE OF FILING LIST OF JOINT TRIAL EXHIBITS AND UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED LIST OF DEFENDANT'S TRIAL EXHIBITS" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ John H. Williamson