Free Stipulation - District Court of Federal Claims - federal

Case 1:03-cv-00785-MBH

Document 88

Filed 12/15/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WARREN BERES, et al., ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ______________________________)

No. 03-785L, as Related to SCHROEDER (No. 04-1456L), RAY (No. 04-1457L), KLEIN (No. 04-1458L), PETERSON (No. 04-1459L), SPENCER (No. 04-1463L), NELSON (No. 04-1465L), MANNING (No. 04-1466L), LANE (No. 04-1468L), and COLLINS (No. 04-1472L). Honorable Marian Blank Horn

STIPULATION Pursuant to the Court's November 20, 2006 Order, the Plaintiffs in the above-identified actions and Defendant, the United States (collectively, the Parties), hereby stipulate and agree that the transcriptions described below and attached hereto as exhibits are true and correct in all pertinent respects. For the Court's convenience, the Parties stipulate and agree that transcriptions of additional documents that are not subject to the Court's November 20, 2006 Order, are true and correct in all pertinent respects. The two categories of documents are listed, separately, below: A. Transcribed Documents Pursuant to the Court's November 20, 2006 Order 1. Attached hereto as Exhibit A is a transcription of JA Ex. 31. 2. Attached hereto as Exhibit B is a transcription of JA Ex. 84. 3. Attached hereto as Exhibit C is a transcription of JA Ex. 108. 4. Attached hereto as Exhibit D is a transcription of JA Ex. 110. 5. Attached hereto as Exhibit E is a transcription of JA Ex. 182 (Bates No. 26157, only).

Case 1:03-cv-00785-MBH

Document 88

Filed 12/15/2006

Page 2 of 3

B. Transcribed Documents for the Court's Convenience (Not Subject to the November 20, 2006 Order) 1. Attached hereto as Exhibit F is a transcription of JA Ex. 12. 2. Attached hereto as Exhibit G is a transcription of JA Ex. 23. 3. Attached hereto as Exhibit H is a transcription of JA Ex. 24. 4. Attached hereto as Exhibit I is a transcription of JA Ex. 25. 5. Attached hereto as Exhibit J is a transcription of JA Ex. 114. 6. Attached hereto as Exhibit K is a transcription of Def.'s Ex. 2. 7. Attached hereto as Exhibit L is a transcription of Def.'s Ex 5. 8. Attached hereto as Exhibit M is a transcription of Def.'s Ex. 7. 9. Attached hereto as Exhibit N is a transcription of Def.'s Ex. 14. Because this Stipulation is being filed electronically, counsel for the Plaintiffs have authorized counsel for the United States to electronically sign, below, and file. Respectfully submitted this 15th day of December, 2006, ACKERSON KAUFFMAN FEX , PC Sue Ellen Wooldridge Assistant Attorney General Environment & Natural Resources Division /s/ Bruce K. Trauben Bruce K. Trauben Natural Resources Section Environment &Natural Resources Division U.S. Department of Justice P.O. Box 663 Washington, D.C. 20004-0663 Telephone: (202) 305-0238 Facsimile: (202) 305-0267 Attorneys for Defendant, the United States

/s/ Cecilia C. Fex Cecilia C. Fex ACKERSON KAUFFMAN FEX , PC 1250 H Street, NW, Suite 850 Washington, DC 20005 Telephone: (202) 833-8833 Facsimile: (202) 833-8831 Counsel for Plaintiffs in Collins

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Case 1:03-cv-00785-MBH

Document 88

Filed 12/15/2006

Page 3 of 3

GROEN STEPHENS & KLINGE LLP

/s/ John M. Groen John M. Groen, Esq. GROEN STEPHENS & KLINGE LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 Telephone: (425) 453-6206 Facsimile: (425) 453-6224 Counsel for Plaintiffs in Schroeder, Ray, Klein, Peterson, Spencer, Nelson, Manning and Lane

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