Free Objection to Exhibit List - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 146

Filed 02/02/2006

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

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

THE UNITED STATES OF AMERICA, Defendant.

__________________________________________) PLAINTIFF OSAGE NATION'S OBJECTIONS TO DEFENDANT'S EXHIBIT LISTS Plaintiff Osage Nation makes the following objections to the exhibits identified by the United States on January 26, 2006. The Osage Nation reserves the right to object to any additional exhibits the United States may identify and/or offer into evidence between now and the end of the trial in this matter.

OBJECTIONS TO EXHIBITS THE UNITED STATES "EXPECTS TO OFFER" Provisional Exhibit No. 12 25 36 66 103 120 Objection Not Provided Withdrawn Produced after Discovery Cut-Off Date Authenticity Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Provisional Exhibit No. 15 32 64 70 119 121 Objection Withdrawn Relevance Not Identifiable Withdrawn Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date

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Provisional Exhibit No. 151 156 158 160 162 164 166 168 171 173 175 177 181 183 185 188 190 198 251 293 296 304 310 313 318 320

Objection Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Not Provided Produced after Discovery Cut-Off Date Withdrawn Withdrawn Not Provided Not Provided Relevance; Authenticity Withdrawn Relevance; Produced after Discovery Cut-Off Date Withdrawn Not Identifiable Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery

Provisional Exhibit No. 155 157 159 161 163 165 167 169 172 174 176 178 182 184 187 189 195 200 290 294 302 308 312 314 319 323

Objection Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Not Provided Not Provided Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Not Provided Not Provided Relevance; Produced after Discovery Cut-Off Date Relevance Withdrawn Withdrawn Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery

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Provisional Exhibit No. 325 330 336 338 346 352 356 360 364 366 369 372 374 385 390 393 395 409 515

Objection Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date

Provisional Exhibit No. 327 335 337 345 347 355 357 362 365 368 370 373 383 388 392 394 397 499 553

Objection Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Relevance; Hearsay

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Provisional Exhibit No. 662 669 798 810 875 915 929 939 948 952 993 1039 1096 1185 1480 1530 1649 1655 1689 1716 2143 2319 2322

Objection Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Incomplete Document Withdrawn Cumulative (See Ex. 874) Produced after Discovery Cut-Off Date Relevance Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Relevance Relevance Not Identifiable Not Identifiable Relevance Authenticity; Hearsay; Relevance; Cumulative Not Provided Not Provided Relevance Authenticity; Relevance; Hearsay Authenticity; Relevance; Hearsay

Provisional Exhibit No. 664 788 807 849

Objection Produced after Discovery Cut-Off Date Not Provided; Relevance Cumulative (See Ex. 806) Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Produced after Discovery Cut-Off Date Relevance Not Provided Relevance Produced after Discovery Cut-Off Date Relevance Relevance Authenticity; Relevance; Cumulative; Hearsay Not Provided Not Provided Produced after Deadline for Expert Reports Relevance Relevance; Hearsay Relevance

916 935 947 950 956 994 1092 1163 1258 1529 1539 1650 1680 1702 1750 2314 2321 2323

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Provisional Exhibit No. 2324 2329 2331 2333 2335 2337 2340 2342 2347 2355

Objection Relevance; Hearsay Relevance Relevance Relevance Authenticity; Hearsay Not Provided Produced after Deadline for Expert Reports Produced after Deadline for Expert Reports Withdrawn Relevance; Authenticity; Produced after Deadline for Expert Reports Withdrawn Not Provided

Provisional Exhibit No. 2328 2330 2332 2334 2336 2338 2341 2344 2350 2356

Objection Relevance, Authenticity Relevance Relevance Relevance Relevance Relevance Authenticity; Hearsay Produced after Deadline for Expert Reports Relevance; Authenticity Relevance

2359 2361 2364 2366 2370 2374 2377 2380 2382 2385 2387

2360 2362 2365 2369 2371 2375 2378 2381 2384 2386 2392

Hearsay; Relevance Not Provided Not Provided Relevance Relevance Relevance Relevance; Cumulative Relevance

Produced after Deadline for Expert Reports Produced after Deadline for Expert Reports Relevance Not Provided Relevance Relevance Not Provided; Relevance Relevance Relevance; Cumulative Relevance; Hearsay Relevance

Pursuant to its Motion to Strike Defendant's Newly Asserted Affirmative Defenses of Estoppel and Laches and to Exclude Evidence Supporting Such Defenses, filed in this matter today, the Osage Nation further objects to any exhibit the United States offers in support of its affirmative defenses of laches and estoppel.

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OBJECTIONS DEFENDANT'S EXHIBIT LIST ­ OKIE CRUDE ADMIN RECORD Provisional Exhibit No. AR002.00 ­ AR187.01

Objection Relevance; Cumulative

OBJECTIONS TO EXHIBITS THE UNITED STATES "MAY OFFER" The United States has identified approximately 1,000 documents that it may use as exhibits in the trial of this matter. This is approximately twice the number of documents the United States has identified as exhibits it expects to use at trial. The Osage Nation also understands from counsel for the United States that the United States intends to revise its Exhibit List by February 7, 2006. Accordingly, it would be more efficient for the Osage Nation to reserve its objections to the exhibits identified on the United States' "may use" list until the list is refined to a manageable number or to reserve its objections until, and if, the United States offers any of these exhibits into evidence. The Osage Nation further notes that it intends to cooperate with the United States to reach stipulations regarding authenticity of exhibits and that most objections likely would be based on relevance, which are more properly asserted at trial. Dated this February 2, 2006 Respectfully submitted,

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] Attorney for Plaintiff Osage Nation

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