Free Objection to Exhibit List - District Court of Federal Claims - federal

Case 1:99-cv-04451-ECH

Document 196-2

Filed 04/25/2007

Page 1 of 3

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Terry ~ Petrie, Attorney Denver Field Office 1961 Stout Street, 8~ Floor Denver, CO 80294

U.S. Department of Justice Environment and Natural Resources Division
Telephone (303) 844-1369 Facsimile 003) 844-1350

March 21, 2007

BY FACSIMILE John Ehret, Esq. 20860 Greenwood Drive Olympia Fields, IL 60461 Drew W. Marrocco Sounenschein Nath & Rosenthal LLP 1301 K Street, N.W. Suite 600, East Tower Washington, D.C. 20005 Eugene J. Frett, Esq. Sperling & Slater, P.C. 55 West Monroe Street Suite 3200 Chicago, Illinois 60603 Banks, et al. v. United States. No. 99-4451 L; Stone, et al. v. United States, No. 04-277 L; Frett, et at. v. United States, No. 05-1351 L (Missing Copies of Plaintiffs' Exhibits) Gentlemen: At our Meeting of Counsel last week, both parties expressed the willingness to provide a copy of those exhibits, if any, that the other could not locate. We have conducted a search (both before and after our meeting of counsel that consumed hours of time) for plaintiffs' exhibits. Here is a list ofplaintiffs' exhibits for which we have questions: A. Missing Exhibits 1. 2. 3. 4. Exhibit 16 Exhibit 21 A Exhibit 21 B Exhibit 21 C

Exhibit 1

Case 1:99-cv-04451-ECH

Document 196-2

Filed 04/25/2007

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5. 6. 7. 8. 9. ! 0. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. B.

Exhibit 66 (we have only 1 [photo ID 11-76-0126] of the 15 maps listed) Exhibit 67 Exhibit 69 Exhibit 73 Exhibit 87 Exhibit 95 Exhibit 96 Exhibit 97 Exhibit 102 Exhibit 106 Exhibit 127 Exhibit 128 Exhibit 129 Exhibit 130 Exhibit 132 Exhibit 134

Incomplete Exhibits 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Exhibit 18 - We only have pages 27, 36, 37, 38, and 42. Exhibit 22 - We only have pages 1, 2, 30, 31, 45, 55, 56, and 77. Exhibit 25 - We only have the front page and Figure 12-10. Exhibit 26- We only have pages 61, 63, 69, and 71. Exhibit 27 - We only have pages 215,216, 217, 220, and 223. Exhibit 28 - We only have pages 1-4. Exhibit 29- We only have pages 1 and 2. Exhibit 34- We only have a partial report. Exhibit 35- We only have pages 250 - 265. Exhibit 37 - We only have the fax cover page, preface, appendix B (2 pages), and appendix C (1 page). Exhibit 44 - We only have pages 48, 49 and the cover page. Exhibit 89 - We only have pages 153-162. Is this the complete article?

I will ask the Corps to check on the following exhibits - which appear to be Corps documents from your description - and will advise you if we can locate the documents. Those are exhibits 22, 28, 29, 37, 95, 102, 127, 129, 132, and 133. I ask your immediate help in locating the exhibits addressed in this letter. If, for example, you can point us to a particular correspondence in which one of the exhibits was provided, that would help. The provision of these exhibits will enable plaintiffs to

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Case 1:99-cv-04451-ECH

Document 196-2

Filed 04/25/2007

Page 3 of 3

meet their Appendix A, paragraph 13 obligation to provide copies of exhibits and allow defendant to determine whether to interpose objections. Sincerely,

fie Trial Attorney

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