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

Case 1:00-cv-00169-ECH

Document 225

Filed 08/22/2005

Page 1 of 2

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: August 22, 2005 No. 169-00L Judge Emily C. Hewitt

DEFENDANT'S MOTION FOR EXPEDITED CONSIDERATION OF ITS MOTION FOR PROTECTIVE ORDER AGAINST PLAINTIFF'S RULE 30(b)(6) NOTICES OF DEPOSITION AND SUBPOENAS Defendant hereby respectfully moves for expedited consideration by this Court of Defendant's motion for protective order against the notices of deposition and subpoenas that Plaintiff has issued under the Rules of the Court of Federal Claims ("RCFC") 30(b)(6) to the Department of the Interior ("Interior") and the Department of the Treasury ("Treasury"). In support of this motion, Defendant states as follows: (1) Per the Court's June 20, 2005, Order, fact discovery shall conclude on or before Thursday, September 1, 2005. (2) Since June 1, 2005, Plaintiff has deposed multiple Interior fact witnesses and four

Interior witnesses designated pursuant to RCFC 30(b)(6). Interior 30(b)(6) depositions are still ongoing and Plaintiff intends to depose several Treasury witnesses designated pursuant to RCFC 30(b)(6) next week, commencing on August 30, 2005. Because the September 1, 2005, deadline for completing fact discovery is rapidly approaching and 30(b)(6) depositions are scheduled for this week and next week, Defendant respectfully requests that this Court expedite considerations of Defendants's motion for protective

Case 1:00-cv-00169-ECH

Document 225

Filed 08/22/2005

Page 2 of 2

order against the notices of deposition and subpoenas that Plaintiff has issued under RCFC 30(b)(6) to Interior and Treasury. Wherefore, Defendant respectfully request that its motion be GRANTED. Respectfully submitted this 22nd day of August, 2005, KELLY A. JOHNSON Acting Assistant Attorney General Environment and Natural Resources Division s/ Brett D. Burton BRETT D. BURTON United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0212 Fax: (202) 353-2021 Attorney of Record for Defendant OF COUNSEL: MARTIN J. LALONDE KEVIN WEBB JENNIFER ALLAIRE United States Department of Justice Environment and Natural Resources Division Washington, D.C. 20044-0663 STEPHEN SIMPSON BRENDA RIEL United States Department of the Interior Office of the Solicitor Washington, D.C. 20240 TERESA E. DAWSON United States Department of the Treasury Financial Management Service Office of the Chief Counsel Washington, D.C. 20227 -2-