Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 230

Filed 04/28/2006

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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: April 28, 2006 No. 99-550L (into which has been consolidated No. 00-169 L) Judge Emily C. Hewitt

DEFENDANT'S MOTION FOR LEAVE TO EXCEED 50-PAGE LIMIT FOR POST-TRIAL BRIEFS Defendant respectfully moves this Court for leave for the parties to file opening post-trial briefs exceeding 50 pages, but which will not exceed 70 pages. In support of this motion, Defendant states as follows: (1) Defendant has contacted Plaintiff's counsel regarding this motion and Plaintiff's counsel opposes the request for the parties to file opening post-trial briefs of up to 70 pages, but does not oppose the filing of opening post-trial briefs of up to 60 pages. (2) The Court's Order of February 28, 2006, requires that the opening post-trial briefs consist of 50 pages or less and the Court's Order of March 7, 2006, requires that the parties submit opening post-trial briefs on or before May 4, 2006. Pursuant to the Court's Orders, Defendant intends to file Defendant's opening post-trial brief and expects the substantive portions of Defendant's brief, excluding table of contents and other introductory portions identified in RCFC 5.2(b)(1)(A) and (B), will exceed 50 pages, but will not exceed 70 pages. (3) Defendant's brief will address issues of fact and law that require extensive discussion and analysis. Defendant must address the interpretation of the Osage regulations applicable to Plaintiff's -1-

Case 1:99-cv-00550-ECH

Document 230

Filed 04/28/2006

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royalty calculation and collection claims. In light of the Court's rulings and views expressed during the pre-trial conferences and trial rejecting Defendant's argument that the Court should defer to the Interior Board of Indian Appeals' interpretation of the Osage regulations, Defendant's discussion of the requirements of the regulations is necessarily extensive and thorough. Further, Defendant's brief will fully address the legal issue of the applicability of price controls imposed under federal laws and regulations to the value of oil for purposes of calculating royalties for the first three Tranche One months. In addition, Defendant will explain, with extensive citations to the evidence, the manner in which the Osage Agency fulfilled its duties to collect and verify royalty payments, to deposit in a timely manner the royalties into an Osage trust fund, and to exercise its discretion to invest Tranche One royalty receipts. As the Court is aware, the evidence in this case is voluminous and consists of testimony from 17 witnesses, including five expert witnesses, 15 deposition designations, and 143 exhibits consisting of over 6,300 pages. The current 50-page limit is insufficient for addressing adequately the foregoing myriad legal and factual issues based on a substantial trial record. For the forgoing reasons, Defendant respectfully moves for leave for the parties to file opening post-trial briefs exceeding 50 pages, but which will not exceed 70 pages. Respectfully submitted on this 28th day of April, 2006,

SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division

s/ Brett D. Burton BRETT D. BURTON -2-

Case 1:99-cv-00550-ECH

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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 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. -3-

Case 1:99-cv-00550-ECH

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Washington, D.C. 20227 Telephone: (202) 874-6877 Fax: (202) 874-6627

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