Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 109

Filed 12/07/2005

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: December 7, 2005 Nos. 99-550L & 00-169L Judge Emily C. Hewitt

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE APPENDIX OF EXHIBITS WITH INDEX AND PAGINATED EXHIBITS Defendant respectfully moves this Court for leave to file an Appendix of Exhibits with an index and paginated exhibits in support of Defendant's Motion to Dismiss, in Part, Plaintiff's Investment Claims as Set Forth in Plaintiff's Brief Clarifying Legal Bases for Its Investment Claims, filed on December 2, 2005. In support of this motion, Defendant states as follows: (1) Defendant has contacted Plaintiff's counsel regarding this request and Plaintiff's counsel has consented to Defendant's motion to file an appendix with an index and paginated exhibits. (2) The Court's Order of December 6, 2005, requires Defendant to file and serve separately the index to exhibits provided in support of its motion to dismiss. Defendant notes that the exhibits Defendant filed with the Court on December 2, 2005, in support of Defendant's motion to dismiss, were not paginated. Consequently, Defendant proposes filing an Appendix of Exhibits with an index and paginated exhibits. The exhibits in this Appendix will consist of the same exhibits filed with the Court on December 2, 2005, except the exhibits in this Appendix will contain pagination. WHEREFORE, Defendant respectfully moves this Court for leave to file an Appendix of Exhibits with an index and paginated exhibits in support of Defendant's Motion to Dismiss, in Part, Plaintiff's Investment Claims as Set Forth in Plaintiff's Brief Clarifying Legal Bases for Its Investment Claims, filed on December 2, 2005.

Case 1:99-cv-00550-ECH

Document 109

Filed 12/07/2005

Page 2 of 3

Respectfully submitted, on December 7, 2005, SUE ELLEN WOOLRIDGE Assistant Attorney General

s/ Brett D. Burton BRETT D. BURTON United States Department of Justice Environment and Natural Resources Division P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Fax: (202) 353-2021 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: 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) 219-1659 Fax: (202) 208-3490 Teresa E. Dawson Senior Counsel Office of Chief Counsel Financial Management Services -2-

Case 1:99-cv-00550-ECH

Document 109

Filed 12/07/2005

Page 3 of 3

U.S. Department of the Treasury 401 14th Street, S.W. Room 552A Washington, D.C. 20227 Telephone: (202) 874-2567 Fax: (202) 874-6627

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