Free Motion for Protective Order - District Court of Federal Claims - federal

Case 1:00-cv-00169-ECH

Document 223

Filed 08/22/2005

Page 1 of 2

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

DEFENDANT'S MOTION FOR PROTECTIVE ORDER AGAINST PLAINTIFF'S RULE 30(b)(6) NOTICES OF DEPOSITION AND SUBPOENAS Pursuant to Rules 26 and 45 of the Rules of the Court of Federal Claims ("RCFC"), Defendant hereby makes this motion for a protective order against the notices of deposition and subpoenas that Plaintiff has issued under RCFC 30(b)(6) to the Department of the Interior and the Department of the Treasury. Specifically, Defendant requests that the Court Order Plaintiff to restate its notices of deposition and subpoenas and strike the topic that requires Defendant to designate a person or persons to testify concerning the trust duties, responsibilities, and obligations of Defendant under the Act of June 28, 1906, 34 Stat. 539 ("1906 Act"). The grounds for this motion are set forth in the supporting memorandum of law and authorities that is attached hereto. Wherefore, Defendant respectfully requests 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

Case 1:00-cv-00169-ECH

Document 223

Filed 08/22/2005

Page 2 of 2

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

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