Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 135

Filed 01/26/2006

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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: January 26, 2006 No. 99-550 L (into which has been consolidated No. 00-169L) Judge Emily C. Hewiit

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO EXCEED 40-PAGE LIMIT UNDER RULE 5.2(b)(1) Defendant respectfully moves this Court pursuant to Rule 5.2(b) of the Rules of the Court of Federal Claims ("RCFC"), for leave to file an initial memorandum exceeding 40 pages. In support of this motion, Defendant states as follows: (1) Defendant has contacted Plaintiff's counsel regarding this request and Plaintiff's counsel has no objection. (2) The Court's Order of June 20, 2005, requires Defendant, on or before January 26, 2006, to file its responsive Memorandum of Contentions of Fact and Law. Pursuant to this Order, Defendant intends to file Defendant's Pretrial Memorandum of Contentions of Fact and Law and expects that the substantive portions of Defendant's memorandum, excluding the table of contents and other introductory portions identified in RCFC 5.2(b)(1)(A) and (B), will exceed 100 pages, but will not exceed 115 pages. (3) Defendant's brief addresses issues of fact and law that require extensive discussion and analysis, such as whether the Osage Agency properly applied the regulations to verify that royalty payments were based on the correct highest posted prices; whether the Emergency

Case 1:99-cv-00550-ECH

Document 135

Filed 01/26/2006

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Petroleum Allocation Act, Pub. L. No. 93-159, 87 Stat. 627 (1973) (codified at 15 U.S.C. § 751 et. seq. (1976 and Supp. 1985)), was applicable to the royalty values established for Osage oil royalty payments; whether the Osage Agency deposited funds in a timely fashion; whether Interior abused its discretion in the investment of royalty receipts from the Tranche One leases in the Tranche one periods. Further, Defendant must respond to the legal and factual contentions in Plaintiff Osage Nations's Memorandum of Contentions of Facts and Law [Corrected Version], filed on January 13, 2006, which is 82 pages. WHEREFORE, Defendant respectfully moves for leave to file an initial brief exceeding 40 pages, but which Plaintiff expects will not exceed 115 pages. . Respectfully submitted this 26th day of January 26, 2006,

SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division s/ Brett D. Burton BRETT D. BURTON United Sates Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Counsel of Record for Defendant

s/ Martin J. LaLonde MARTIN J. LALONDE KEVIN WEBB United States Department of Justice Environment and Natural Resources Division P. O. Box 663 -2-

Case 1:99-cv-00550-ECH

Document 135

Filed 01/26/2006

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Washington, D.C. 20044-0663 Telephone: (202) 305-0247 Fax: (202) 353-2021 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) 208-4218 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) 874-6877 Fax: (202) 874-6627

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