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

Case 1:99-cv-00550-ECH

Document 144

Filed 02/02/2006

Page 1 of 1

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 MOTION TO STRIKE DEFENDANT'S NEWLY ASSERTED AFFIRMATIVE DEFENSES OF ESTOPPEL AND LACHES AND TO EXCLUDE EVIDENCE SUPPORTING SUCH DEFENSES Plaintiff Osage Nation respectfully moves to strike the affirmative defenses of estoppel and laches that Defendant United States has asserted for the first time in its recently filed Pretrial Memorandum of Contentions of Fact and Law. Plaintiff further moves to exclude evidence supporting such defenses. For the reasons set forth in the attached Memorandum of Points and Authorities in Support of Plaintiff's Motion to Strike Defendant's Newly Asserted Affirmative Defenses of Estoppel and Laches and to Exclude Evidence Supporting Such Defenses, the United States is barred from raising these defenses in this case. 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