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

Case 1:99-cv-00550-ECH

Document 203

Filed 03/17/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE OSAGE TRIBE OF INDIANS OF OKLAHOMA,

) ) ) Electronically Filed: Plaintiff, ) March 17, 2006 ) v. ) No. 99-550L (into which has been ) consolidated No. 00-169 L) THE UNITED STATES OF AMERICA, ) Judge Emily C. Hewitt ) Defendant. ) ____________________________________)

DEFENDANT'S MOTION FOR LEAVE TO PRODUCE OUT-OF-TIME CORRECTED PAGE FROM EXPERT GREGORY CHAVARRIA'S MARCH 13, 2006 REVISED EXPERT REPORT

Defendant respectfully moves for leave to produce out-of-time a corrected page in expert Gregory Chavarria's Expert Report. Pursuant to the Court's February 28, 2006 Order, Defendant produced Mr. Chavarria's revised expert report to Plaintiff on March 13, 2006. On March 16th, Mr. Chavarria noticed two typographical errors on Page 7, Paragraph 17 of his report. Specifically, the dollar figures in the text do not correlate to the chart appearing on the same page or the cited attached exhibits. Due to the recently observed typographical errors in Mr. Chavarria's Revised Expert Report, Defendant requests leave to produce the corrected page out-of-time to Plaintiff. Production of the corrected version of the page would not prejudice Plaintiff as it does not provide any new or additional information not already presented in the report. It merely clarifies any confusion that may result from two typographical errors. In order for the Court to properly evaluate Mr. Chavarria's Revised Expert Report, Defendant seeks to produce the following document: Gregory Chavarria Revised Expert Report, dated March 13, 2006, page 7.

Case 1:99-cv-00550-ECH

Document 203

Filed 03/17/2006

Page 2 of 3

For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion to Produce Out-of-Time. Respectfully submitted this 17th day of March, 2006. SUE ELLEN WOOLDRIDGE Assistant Attorney General

/s/ Brett D. Burton BRETT D. BURTON United States Department of Justice Environment and Natural Resources Division P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Fax: (202) 353-2021 Counsel of Record for Defendant MARTIN J. LALONDE KEVIN 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 Attorney for Defendant

OF COUNSEL: Brenda Riel Elisabeth Brandon Attorneys Office of the Solicitor Division of Indian Affairs U.S. Department of the Interior MS 6456 Washington, D. C. 20240 Telephone: (202) 208- 3714/4218 Fax: (202) 219-0559

Teresa E. Dawson

Case 1:99-cv-00550-ECH

Document 203

Filed 03/17/2006

Page 3 of 3

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