Free Motion to Seal - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 240

Filed 05/18/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) THE OSAGE TRIBE OF INDIANS OF OKLAHOMA,

Electronically Filed: May 18, 2006 No. 99-550L (into which has been consolidated No. 00-169 L) Judge Emily C. Hewitt

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE UNREDACTED VERSION OF DEFENDANT'S RESPONSE TO PLAINTIFF'S POST-TRIAL BRIEF UNDER SEAL Defendant respectfully moves this Court for leave to file under seal an unredacted version of its Response to Plaintiff's Post-Trial Brief. In support of this motion, Defendant states as follows: (1) In its post-trial brief, Plaintiff included quotations from an exhibit (PX0682) that it had moved into evidence and that the Court, at Defendant's request pursuant to the Court's Order dated July 18, 2005 (Dkt. No. 218, Case No. 00-169), filed under seal at trial. On May 4, Plaintiff filed a version of its Post-Trial brief that redacted sections related to the foregoing exhibit. (2) On May 5, 2006, the Court granted Plaintiff's Unopposed Motion for Leave to File Unredacted Version of Plaintiff Osage Nation's Post-Trial Brief Under Seal. Plaintiff subsequently filed, under seal, a version of its Post-Trial Brief that included the sections related to the foregoing exhibit. (3) In its Response to Plaintiff's Post-Trial Brief, Defendant quotes from and discusses the contents of the privileged exhibit addressed in Plaintiff's Post-Trial Brief. On May 18, 2006, Defendant will file electronically a version of its response brief that redacts this discussion and

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Case 1:99-cv-00550-ECH

Document 240

Filed 05/18/2006

Page 2 of 3

quotations. It herein seeks leave to file an unredacted version under seal. (4) Counsel for the United States has conferred regarding this motion with Counsel for the Osage Tribe, who stated that Plaintiff does not oppose this motion. Respectfully submitted on this 18th day of May, 2006, SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division s/ Brett D. Burton BRETT D. BURTON United Sates Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Counsel of Record for Defendant

s/ Martin J. LaLonde MARTIN J. LALONDE KEVIN S. WEBB United States Department of Justice Environment and Natural Resources Division P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0247 Fax: (202) 353-2021 Attorneys for Defendant

OF COUNSEL: Elisabeth Brandon Brenda Riel Attorneys Office of the Solicitor -2-

Case 1:99-cv-00550-ECH

Document 240

Filed 05/18/2006

Page 3 of 3

Division of Indian Affairs U.S. Department of the Interior MS 6513 Washington, D. C. 20240 Telephone: (202) 208-3401 Fax: (202) 219-0559 Teresa E. Dawson Senior Counsel Office of Chief Counsel Financial Management Service U.S. Department of the Treasury 401 14th Street, S.W. Washington, D.C. 20227 Telephone: (202) 874-6877 Fax: (202) 874-6627

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