Free Response to Motion - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 157-2

Filed 02/10/2006

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EXHIBIT 1

Case 1:99-cv-00550-ECH

Document 157-2

Filed 02/10/2006

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Telephone Status Conference 03/15/2005 - March 15, 2005 02:00:00 p.m.

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IN

THE

UNITED

STATES

COURT ) ) ) )

OF

FEDERAL

CLAIMS

THE OSAGE NATION, Plaintiff, v. UNITED STATES, Defendant.

Docket No.:

00-169

) Suite 712, Chambers National Courts Building 717 Madison Place, N.W. Washington, D.C. Tuesday March 15, 2005

The parties met, pursuant to notice of the Court, at 2:00 p.m. BEFORE: HONORABLE EMILY C. HEWITT Judge APPEARANCES: For the Plaintiff (via telephone): WILSON KIRK PIPESTEM, Esquire JERRY ROTHROCK, Esquire AMANDA JOHNSON, Esquire Pipestem Law Firm, PC 1333 New Hampshire Avenue, N.W. Washington, D.C. (202) 419-3526 JIM PARIS, Consultant (505) 239-8591 20036

February 9, 2006 10:46 pm

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Case 1:99-cv-00550-ECH

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Telephone Status Conference 03/15/2005 - March 15, 2005 02:00:00 p.m.

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schedule, to start with, but go ahead. MR. BURTON: Your Honor. THE COURT: MR. BURTON: I'm sorry. Oh, no. That's fine. Anyway, Yes, Your Honor. Thank you,

it's going to be very crucial, from our standpoint, obviously, for the Plaintiffs to identify their claims -THE COURT: MR. BURTON: discovery effort. Right. -- so that we can focus the

And along those lines, I did want

to mention that out of the two claims that the Plaintiffs cited, one of them was failure to collect at the appropriate royalty rate, and, from our view, that claim may very well belong more in the Osage pricing case, which is also in the Court of Federal Claims. As I'm sure you're aware, Your Honor, there

is another Osage case that deals more with essentially the pricing issues, evaluation-type issues, in this case. And under Shoshone-Arapaho, the federal circuit decision, in that case, they made a distinction between, obviously, trust fund and trust asset claims, and within trust fund claims, you do have failure to collect, but the court did go on to

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Case 1:99-cv-00550-ECH

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Telephone Status Conference 03/15/2005 - March 15, 2005 02:00:00 p.m.

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essentially state that failure to collect, or trust fund claims, does not include trying to get the proper price or the highest price. So that would be a

concern, from our standpoint, is that the claims are cut off so that they are clearly trust fund claims. One additional note: In the Court of

Federal Claims dealing with the pricing issues, the complaint was filed in 1999, -THE COURT: Wiese. MR. BURTON: THE COURT: Yes, Your Honor. Is it still before him, or has Mr. Pipestem? The one that was before Judge

it migrated to other chambers? MR. PIPESTEM: Pipestem. Williams. THE COURT: MR. BURTON: again. Thank you.

Your Honor, this is Wilson

That case is now before Judge Coster

Your Honor, this is Brad Burton

I did want to mention that, in that case, it's

our understanding that in mid-April, early-to-midApril, the parties will be briefing, I think, some type of summary judgment or motion to dismiss that will very well get into that issue of where do you draw the line between trust fund and trust assets, so I just wanted to let the Court know that that issue is

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