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

Case 1:99-cv-04451-ECH

Document 231

Filed 06/12/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) ) STONE, ERROL L. & SUSAN H., ) In their own right and as Trustees of the ) Susan H. Stone Trust and the Errol L. Stone ) Trust ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) ) EUGENE J. FRETT, Individually and ) as trustee of the Victor J. Horvath and Frances ) B. Horvath Trust, and ) ) DONNA P. FRETT, ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ) JOHN H. and MARY E. BANKS, et al.,

No. 99-4451 L Judge Emily C. Hewitt

No. 04-277 L1/ Judge Emily C. Hewitt

No. 05-1353 L Judge Emily C. Hewitt

MOTION FOR NOTICE OF COMPLIANCE

Stone plaintiffs filed a stipulation for dismissal with prejudice of their case on June 1, 2007. Docket # 229.

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Case 1:99-cv-04451-ECH

Document 231

Filed 06/12/2007

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Defendant United States respectfully submits the following to clarify and seeks to discharge its obligation pursuant to the Court's direction on June 8, 2007. The United States used four demonstrative exhibits during the testimony of Dr. Robert Nairn at trial on June 8. After he completed his testimony, the Court directed the United States to provide copies of those exhibits to plaintiffs and the Court. Earlier, after the first demonstrative exhibit had been used in Dr. Nairn's testimony and before the second was used, the Court asked undersigned counsel if plaintiffs' counsel had received a copy of the demonstrative exhibits. At that point, counsel for plaintiffs were informed that copies of demonstrative exhibits were located in front of the Government's Exhibit 1in the binders of Government exhibits previously provided. Undersigned counsel, then realizing that plaintiffs' counsel apparently did not have a copy literally in front of them while testimony was adduced on the first demonstrative exhibit, also offered to have Dr. Nairn repeat his testimony regarding that exhibit. They declined and Dr. Nairn's testimony then proceeded with subsequent use of demonstrative exhibits 2, 3, and 4. Copies of the demonstrative exhibits had also been provided earlier to the Court with them located in front of the binder containing Government Exhibit 1. Because plaintiffs and the Court have already received the Government's four demonstrative exhibits, defendant asks the Court find we have fulfilled the Court's direction to provide such copies. Undersigned counsel also respectfully apologizes for the confusion.

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Case 1:99-cv-04451-ECH

Document 231

Filed 06/12/2007

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Dated: June 12, 2007

Respectfully submitted,

s/Terry M. Petrie TERRY M. PETRIE Environment and Natural Resources Division U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, CO 80294 Telephone: 303-844-1369 Facsimile: 303-844-1350 [email protected] OF COUNSEL Gary W. Segrest, Esq. Office of Counsel U.S. Army Corps of Engineers 477 Michigan Avenue, Room 659 Detroit, MI 48226 Attorney for Defendant

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Case 1:99-cv-04451-ECH

Document 231

Filed 06/12/2007

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CERTIFICATE OF SERVICE I certify that I have served a copy of the "Motion for Notice of Compliance" by electronic filing with the United States Court of Federal Claims on the 12th day of June, 2007 on: John Ehret, Esq. 5986 Dunham Avenue Stevensville, MI 49127 Counsel for Banks Plaintiffs **************** Eugene J. Frett, Esq. Sperling & Slater, P.C. 55 West Monroe Street Suite 3200 Chicago, Illinois 60603 Counsel for Frett Plaintiffs ****************

s/Terry M. Petrie TERRY M. PETRIE