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

Case 1:99-cv-00550-ECH

Document 158

Filed 02/10/2006

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: February 10, 2006 No. 99-550L (into which has been consolidated No. 00-169 L) Judge Emily C. Hewitt

DEFENDANT'S MOTION TO FILE PLEADINGS OUT-OF-TIME Defendant respectfully requests, pursuant to RCFC 6.1, the Court to Grant this Motion to File Pleadings Out-of-Time. Pursuant to Court's Order of February 7, 2006, Defendant was to file its response to Plaintiff's Motion in Limine related to Defendant's laches and equitable estoppel claims and its objections to Plaintiff's exhibits by February 9, 2006. Due to technical problems that Defendant encountered with its system, it was not able to file these pleadings until shortly after midnight on February 10, 2006. Defendant accordingly seeks leave to file the following pleadings on February 10, 2006: 1. Defendant's Opposition to Plaintiff Osage Nation's Motion to Strike Defendant's Newly Asserted Affirmative Defenses of Estoppel and Laches and to Exclude Evidence Supporting Such Defenses Defendant's Objections to Plaintiffs' Trial Exhibits Listed on its Revised Exhibit List Defendant's Reply Memorandum in Support of Motion in Limine to Preclude Plaintiff from Challenging Interior's Interpretation of Osage Regulations in Okie Crude Co. V. Muskogee Area Director Defendant's Motion for Leave to File Surreply to Plaintiff's Reply in Support of its Motion to Exclude Documents and Testimony for Violations of the Court's Scheduling and Discovery Orders Defendant's Surreply to Plaintiff's Reply in Support of its Motion to Exclude Documents and Testimony for Violations of the Court's Scheduling and Discovery Orders

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Case 1:99-cv-00550-ECH

Document 158

Filed 02/10/2006

Page 2 of 3

Due to the late hour, Defendant's counsel was unable to contact Plaintiff's counsel to determine its position regarding this motion. For the foregoing reasons, Defendant respectfully requests, pursuant to RCFC 6.1, that the Court Grant this Motion to File Pleadings Out-of-Time. Respectfully submitted this 10th day of February, 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 LAURA MAROLDY 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 2

Case 1:99-cv-00550-ECH

Document 158

Filed 02/10/2006

Page 3 of 3

MS 6456 Washington, D. C. 20240 Telephone: (202) 208-4218/3714 Fax: (202) 208-3490 Teresa E. Dawson Senior Counsel Office of Chief Counsel Financial Management Services U.S. Department of the Treasury 401 14th Street, S.W. Room 552A Washington, D.C. 20227 Telephone: (202) 874-2567 Fax: (202) 874-6627

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