Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:99-cv-04451-ECH

Document 220

Filed 05/18/2007

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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, ) ) ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) JOHN H. and MARY E. BANKS, et al.,

No. 99-4451 L Judge Emily C. Hewitt

No. 04-277 L Judge Emily C. Hewitt

No. 05-1353L Judge Emily C. Hewitt

Case 1:99-cv-04451-ECH

Document 220

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DEFENDANT'S SUBMISSION IN RESPONSE TO ORDER OF MAY 17, 2007 At the Pretrial Conference held on May 16, 2007, the Court addressed Defendant's objections to a number of Plaintiffs' exhibits that consist of excerpts of larger documents. See Order (May 17, 2007) at 3. The basis for Defendants' objections was that Plaintiffs failed to provide copies of the complete documents when Defendant requested they do so. See id. All of Defendant's objections were resolved or deferred until trial except for those corresponding to Plaintiffs' Exhibits 25 and 38, which Plaintiffs allege are excerpts from documents created by the United States. See id. The Court therefore ordered the parties to file briefs regarding any legal authority requiring the United States to produce the complete documents or permitting Plaintiffs to introduce the excerpts without provision of the complete documents to Defendant. See id. Upon further review of the substance of Plaintiffs' Exhibits 25 and 38, Defendant has determined that the interests of judicial economy and efficiency will be best served by withdrawal of the objections at this time.

Dated: May 18, 2007

Respectfully submitted, s/ Terry M. Petrie by s/ G. Evan Pritchard TERRY M. PETRIE Environment and Natural Resources Division U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, CO 80294 Tele: 303-844-1369 Fax: 303-844-1350 [email protected] HEIDE L. HERRMANN G. EVAN PRITCHARD Environment and Natural Resources Division Department of Justice P.O. Box 663 1

Case 1:99-cv-04451-ECH

Document 220

Filed 05/18/2007

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Washington, D.C. 20044-0663 202-305-3315 (phone) 202-305-0274 (fax) [email protected]

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