Free Stipulation - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 181

Filed 02/22/2006

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

Electronically Filed February 22, 2006 No. 99-550 L (into which has been consolidated No. 00-169 L) Judge Emily C. Hewitt

STIPULATIONS OF THE PARTIES REGARDING CERTAIN ISSUES DISCUSSED AT THE PRETRIAL CONFERENCE During the Pretrial Conference on February 16-17, 2006, the parties noted on the record certain agreements regarding deposition excerpts and exhibits that the Court directed the parties to confirm in writing. In compliance with that directive, the parties submit the following stipulations: Use of Deposition Excerpts. A party may designate excerpts from the deposition of a witness designated by the other party pursuant to RCFC 30(b)(6) and use those excerpts at trial whether or not that witness will be called as a live witness. With respect to witnesses that were not designated pursuant to RCFC 30(b)(6), the parties agree that a party may designate excerpts of depositions of such witnesses and use those excerpts at trial only if the witness will not be called as a live witness at the trial and is unavailable within the meaning of RCFC 32(a)(3). Based on this agreement, the parties do not object to the use of any of the deposition excerpts identified by the parties in their respective Motions to Present Substantive Evidence by Deposition.

Case 1:99-cv-00550-ECH

Document 181

Filed 02/22/2006

Page 2 of 3

Use of Exhibits on the "May Use" Exhibit Lists. If a party wants to use a document identified on its "May Use" Exhibit List , it must inform the other party no later than 7:00 p.m. two business days prior to the day on which the party anticipates using that document. If there is an objection to the use of any such document, the objecting party shall contact the Court for a sidebar conversation about the admissibility of the document(s) no later than one business day before the document is to be used. Dated this February 22, 2006 Respectfully submitted,

SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division

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

s/ Wilson K. Pipestem WILSON K. PIPESTEM Pipestem Law Firm, P.C. 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036 Telephone: (202) 419-3526 Fax: (202) 659-4931 [email protected]

Counsel of Record for Plaintiff

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

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Case 1:99-cv-00550-ECH

Document 181

Filed 02/22/2006

Page 3 of 3

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 6456 Washington, D. C. 20240 Telephone: (202) 219-1659 Fax: (202) 208-3490 Teresa E. Dawson Senior Counsel Office of the Chief Counsel Financial Management Service U.S. Department of the Treasury 401 14th Street, S.W. Washington, D.C. 20227 Telephone: (202) 874-2567 Fax: (202) 874-6627

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