Free Motion in Limine - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 190

Filed 03/02/2006

Page 1 of 3

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

Electronically Filed: March 2, 2006 No. 99-550 L (into which has been consolidated No. 00-169L) Judge Emily C. Hewiit

DEFENDANT'S SECOND MOTION TO ADMIT ADDITIONAL PORTIONS OF DEPOSITION TRANSCRIPT Pursuant to the Court's February 28, 2006, Order and Rules of the Court of Federal Claims ("RCFC") 32(a)(4), Defendant requests that the Court admit the additional deposition testimony of Mr. Milton Dial set out below. Additionally, pursuant to RCFC 32(b), Defendant reserves the right to object at trial to any testimony that is admitted through deposition and preserves any objections that were made at the time of the depositions.1/ Under RCFC 32(a)(4), if a portion of a deposition is admitted into evidence, the opposing party may require the offering party to introduce any other portion of such deposition which should, in fairness, be considered. Defendant requests, pursuant to RCFC 32(a)(4), that the Court admit the following additional designations in Mr. Dials' deposition transcript to make the record more complete: 21:10-21:12, 58:6-58:7, 69:24, 80:6-80:16.

CONCLUSION

1/

RCFC 32(b) provides that a party may object at trial to any portion of a deposition that is received into evidence, for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

Case 1:99-cv-00550-ECH

Document 190

Filed 03/02/2006

Page 2 of 3

For the foregoing reasons, to the Court should admit Defendant's additional designations.

Respectfully submitted, 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 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 -2-

Case 1:99-cv-00550-ECH

Document 190

Filed 03/02/2006

Page 3 of 3

U.S. Department of the Interior MS 6456 Washington, D. C. 20240 Telephone: (202) 208-4218 Fax: (202) 208-3490 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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