Free Witness List - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

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

Nos. 00-169 L & 99-550 Judge Emily C. Hewitt

OSAGE NATION'S WITNESS LIST Pursuant to RCFC Appendix A ¶VI(15)(a), the Osage Nation submits list of witnesses it expects to call at trial: Witnesses the Osage Nation Expects to Present Newell Barker 1521 Revard Ave., Pawhuska, OK 74056 (918) 287-2937 Mr. Barker is expected to testify about the Osage Agency's oil and gas royalty collection processes and procedures. Mr. Barker's direct testimony is expected to take approximately .75 hours.

Rowena Beach Eastern Oklahoma Regional Office, P.O. Box 8002, Muskogee, OK 74402 Ms. Beach is expected to testify about the topics for which she was designated to testify in her Rule 30(b)(6) deposition, including the role that the Bureau of Indian Affairs Regional Office in Muskogee, Oklahoma, played in the management of Osage Nation Trust Funds. Ms. Beach's direct testimony is expected to take approximately 1.5 hours.

Case 1:99-cv-00550-ECH

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Toby Vann Bighorse 1423 East Boundary, Pawhuska, OK 74056 (918) 287-5540. Mr. Bighorse is expected to testify regarding the preservation of documents relating to the Osage Minerals Estate and Trust. Mr. Bighorse's direct testimony is expected to take approximately 0.5 hours.

Rita Bratcher Financial Management Service, 401 14th St. SW, Washington, DC Ms. Bratcher is expected to testify about the topics for which she was designated to testify in her Rule 30(b)(6) deposition, including the manner in which the United States Department of Treasury handled Osage Nation Trust Funds. Ms. Bratcher's direct testimony is expected to take approximately 1.0 hours.

Melissa Currey Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Ms. Currey is expected to testify regarding the training of Osage Agency employees. Ms. Currey's direct testimony is expected to take approximately 0.5 hours.

Judi Hill Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Ms. Hill is expected to testify regarding the topics for which she was designated to testify in her Rule 30(b)(6) deposition, including the handling and processing of royalty payments and, more generally, regarding the Osage Agency's oil and gas royalty collection processes and procedures.

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Ms. Hill's direct testimony is expected to take approximately 2.0 hours.

Charles Hurlburt Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Mr. Hurlburt is expected to testify regarding the Osage Agency's oil and gas royalty collection processes and procedures and the topics for which he was designated to testify in his Rule 30(b)(6) deposition, including audits of the Osage Agency. Mr. Hurlburt's direct testimony is expected to take approximately 0.5 hours.

Stephen A. Jay 4312 E. 51st Street, Tulsa, OK 74135 (918) 492-0106 Mr. Jay is expected to offer expert testimony regarding the United States' breach of its fiduciary duties regarding the investment and management of funds belonging to the Osage Nation held in trust by the United States. Mr. Jay may also offer testimony to rebut testimony or evidence offered by the United States during trial. Mr. Jay's direct testimony is expected to take approximately 2.0 hours.

Stanlee Ann Mattingly 1614 Leahy Avenue, Pawhuska, OK 74056 (918) 287-4434 Ms. Mattingly is expected to testify regarding the preservation of documents relating to the Osage Minerals Estate and Trust. Ms. Mattingly's direct testimony is expected to take approximately 1.0 hour.

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Lucian L. Morrison 2001 Kirby Drive, Suite 1300, Houston, TX 77019 (713) 523-9944 Mr. Morrison is expected to testify about his experience and knowledge regarding the administration of minerals trusts. Mr. Morrison's direct testimony is expected to take approximately 2.0 hours.

James Parris 880 Tula Drive, Rio Rancho, NM 87124 (505) 239-8591 Mr. Parris is expected to testify regarding the Bureau of Indian Affairs Indian Trust accounting systems and methods and the accuracy of the Osage Agency's accounting and control over the Osage Nation mineral estate. Mr. Parris ' direct testimony is expected to take approximately 0.75 hours.

Daniel T. Reineke 6305 Waterford Boulevard, Suite 325, Oklahoma City, OK 73118 (405) 463-0001 Mr. Reineke is expected to offer expert testimony regarding United States' breach of its fiduciary duties to collect and verify the full royalty due the Osage Nation pursuant to the Tranche One Leases for the Tranche One Months. Mr. Reineke may also offer testimony to rebut testimony or evidence offered by the United States during trial. Mr. Reineke's direct testimony is expected to take approximately 2.5 hours.

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Carol Revard Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Ms. Revard is expected to testify regarding the topics for which she was designated to testify in her Rule 30(b)(6) deposition, including the Osage Agency's oil royalty collection processes and procedures. Ms. Revard's direct testimony is expected to take approximately 2.5 hours.

Eugene Sean StandingBear 1515 Claremore Avenue, Pawhuska, OK 74056 (918) 287-4550 Mr. StandingBear is expected to testify regarding the preservation of documents relating to the Osage Minerals Estate and Trust. Mr. StandingBear's direct testimony is expected to take approximately 1.0 hours.

George Eaves Tallchief 200 South 5th , P.O. Box 14, Fairfax, OK 74637 (918) 642-5642 Mr. Tallchief is expected to testify regarding the Osage Nation's history, its relations with the United States and the preservation of documents relating to the Osage Minerals Estate and Trust. Mr. Tallchief's direct testimony is expected to take approximately 1.5 hours.

Margaret Williams Office of the Special Trustee, 4400 Masthead St. NE, Albuquerque, NM 87109 Ms. Williams is expected to testify regarding the topics for which she was designated to testify in her Rule 30(b)(6) deposition and, more generally, regarding the investment and management of Osage Agency Trust Funds and the condition and nature of records of the Osage

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Nation Trust Fund. The Osage Nation will file a motion for leave to file the transcript of Ms. Williams' non-Rule 30(b)(6) deposition for introduction at trial. Ms. Williams' direct testimony is expected to take approximately 2.0 hours.

Pat Wrenn Financial Management Service, 3700 East-West Highway, Hyattsville, MD 20782 Mr. Wrenn is expected to testify regarding the topics for which he was designated to testify in his Rule 30(b)(6) deposition, including the manner in which the United States Department of Treasure handled Osage Nation Trust Funds. Mr. Wrenn's direct testimony is expected to take approximately 0.5 hours.

Witnesses the Osage Nation May Call If the Need Arises

Greg Chavarria 100 Sun Ave., Suite 210, Albuquerque, NM 87109 (505) 246-9777 Mr. Chavarria may testify about the topics for which he was designated to testify in his Rule 30(b)(6) deposition, including the Arthur Andersen Agreed-upon-Procedures Report, the condition of records of the Osage Nation Trust Fund and the manner in which Osage Nation Trust Funds were invested and managed by the United States. Mr. Chavarria's direct testimony is expected to take approximately 3.0 hours.

Mary Lou Drywater Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Ms. Drywater may testify about the Osage Agency's oil and gas royalty collection processes and procedures.

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Ms. Drywater's direct testimony is expected to take approximately 0.75 hours.

Janice Stagnitto Ellis 1528 Gracechurch Road, Silver Spring, MD 20910 (301) 585-2521 Ms. Ellis may testify regarding document custodial issues. Ms. Ellis' direct testimony is expected to take approximately 0.25 hours.

Carma Jensen Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Ms. Jensen may testify if necessary to establish a foundation for certain exhibits the Osage Nation may move into evidence. Ms. Jensen's direct testimony is expected to take approximately 0.25 hours.

Heather Little Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Ms. Little may testify if necessary to establish a foundation for certain exhibits the Osage Nation may move into evidence. Ms. Little's direct testimony is expected to take approximately 0.25 hours.

Doug Lords Office of Trust Fund Management, 505 Marquette Ave. NW, Suite 1000, Albuquerque, NM 87102 (505) 248-5723 Mr. Lords may testify regarding the subjects he was designated to testify in his Rule 30(b)(6) deposition, including when interest is and is not paid on Osage Tribal Trust Funds. Mr. Lords' direct testimony is expected to take approximately 0.5 hours. 7

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Zane Michael 134 Union Blvd., No. 510, Lakewood, CO 80228 Mr. Michael may testify regarding the subjects he was designated to testify in his Rule 30(b)(6) deposition, including the Department of Interior Inspector General's April 24, 1990 audit of the Osage Agency. Mr. Michael's direct testimony is expected to take approximately 0.5 hours.

Angela Toineeta Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Ms. Toineeta may testify if necessary to establish a foundation for certain exhibits the Osage Nation may move into evidence. Ms. Toineeta's direct testimony is expected to take approximately 0.25 hours.

Paul Tyler 2013 Northwest Expressway, Suite 230, Oklahoma City, OK 73116 Mr. Tyler may testify regarding the subjects he was designated to testify in his Rule 30(b)(6) deposition, including the Mineral Management Service's February 1994 Department of Interior Inspector General's April 24, 1990 audit of the Osage Agency. Mr. Tyler's direct testimony is expected to take approximately 0.5 hours.

Richard Winlock Osage Agency, 813 Grandview Ave., Pawhuska, OK 74056 (918) 287-5710 Mr. Winlock may testify if necessary to establish a foundation for certain exhibits the Osage Nation may move into evidence. Mr. Winlock's direct testimony is expected to take approximately 0.25 hours. 8

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The Osage Nation reserves the right to call as its own witness any witness listed on the United States' Witness List.

Dated this January 12, 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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