Free Motion in Limine - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 130

Filed 01/26/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) THE OSAGE TRIBE OF INDIANS OF OKLAHOMA,

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

DEFENDANT'S MOTION TO ADMIT ADDITIONAL PORTIONS OF DEPOSITION TRANSCRIPTS Pursuant to the Rules of the Court of Federal Claims ("RCFC") 32(a)(4), in the event the Court grants Plaintiff's Motion to Present Substantive Evidence by Deposition, filed on January 12, 2006, Defendant requests that the Court admit the additional deposition testimony in Exhibit A. Additionally, pursuant to RCFC 32(b), Defendant reserves the right to object at trial to any testimony that is admitted through deposition and preserves any objections that were made at the time of the depositions.1/ Under RCFC 32(a)(4), if a portion of a deposition is admitted into evidence, the opposing party may require the offering party to introduce any other portion of such deposition which should, in fairness, be considered. To the extent the Court is inclined to admit portions of the depositions designated by Plaintff into evidence, Defendant requests, pursuant to RCFC 32(a)(4), that the Court admit the Defendant's additional designations, attached hereto at Exhibit A, to make the record more complete.

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RCFC 32(b) provides that a party may object at trial to any portion of a deposition that is received into evidence, for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

Case 1:99-cv-00550-ECH

Document 130

Filed 01/26/2006

Page 2 of 3

CONCLUSION For the foregoing reasons, to the extent the Court should grant the Plaintiff's Motion to Present Substantive Evidence by Deposition, the Court should admit Defendant's additional designations in Exhibit A.

Respectfully submitted, 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 Washington, D.C. 20044-0663 Telephone: (202) 305-0247 Fax: (202) 353-2021 Attorneys for Defendant

OF COUNSEL: -2-

Case 1:99-cv-00550-ECH

Document 130

Filed 01/26/2006

Page 3 of 3

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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