Case 1:00-cv-00169-ECH
Document 219
Filed 07/25/2005
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE OSAGE NATION AND/OR TRIBE OF INDIANS OF OKLAHOMA, ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)
Electronically Filed: July 25, 2005 No. 00-169 L Judge Emily C. Hewitt
DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO EXCEED 20-PAGE LIMIT UNDER RULE 5.2(b)(2) Defendant respectfully moves this Court pursuant to Rule 5.2(b)(2) of the Rules of the Court of Federal Claims ("RCFC"), for leave to file a reply brief exceeding 20 pages. In support of this motion, Defendant states as follows: (1) Defendant has contacted Plaintiff's counsel of record regarding this request and Plaintiff's counsel of record has consented to Defendant's motion to file a reply brief exceeding 20 pages. (2) The Court's Order of April 15, 2005, requires Defendant, on or before July 25, 2005, to file a reply to Plaintiff Osage Nation's Opposition to Defendant's Motion to Dismiss ("Plaintiff's Opposition brief"), in part, Plaintiff's Tranche One Claims. Pursuant to this Order, Defendant intends to file Defendant's Reply in Support of Motion to Dismiss, in Part, Plaintiff's Tranche One Claims ("Defendant's Reply brief") on July 25, 2005. Defendant expects that the substantive portions of Defendant's brief, excluding the table and other introductory portions, will exceed 20 pages, but will not exceed 30 pages. (3) Defendant's Reply brief responds to Plaintiff's Opposition brief, which is 40 pages, and addresses issues that require extensive discussion and analysis. Those issues include: (a) whether the Court has jurisdiction under the Tucker Act and the Indian Tucker Act over Plaintiff's royalty calculation, collection, and investment claims; (b) whether the Court should dismiss Plaintiff's royalty and calculation claims that are subject to an earlier filed case; and (c) whether the Tribe's
Case 1:00-cv-00169-ECH
Document 219
Filed 07/25/2005
Page 2 of 3
claims are barred by the statue of limitations in light of the Federal Circuit's recent holding in Shoshone Indian Tribe of the Wind River Reservation v. United States, 364 F.3d. 1339 (Fed. Cir. 2004), cert. denied, 73 USLW 3338 and 73 USLW 3415 (2005). In order to analyze these significant substantive issues in a full and adequate fashion, Defendant seeks leave to file a reply brief exceeding 20 pages. As stated above, Defendant expects that Defendant's brief will not exceed 30 pages. WHEREFORE, Defendant respectfully moves for leave to file a reply brief exceeding 20 pages. Respectfully submitted this 25th day of July, 2005, KELLY A. JOHNSON Acting Assistant Attorney General By: 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 Attorney for Defendant OF COUNSEL: Martin J. LaLonde John Martin United States Department of Justice Environment and Natural Resources Division P.O. Box 663 Washington, D.C. 20044-0663 Stephen Simpson Attorney Office of the Solicitor Division of Indian Affairs U.S. Department of the Interior MS 6456 Jason R. Baron Director of Litigation Office of General Counsel National Archives and Records Administration 8601 Adelphi Road Room 3110, NGC -2-
Case 1:00-cv-00169-ECH
Document 219
Filed 07/25/2005
Page 3 of 3
Washington, D. C. 20240 Telephone: (202) 219-1659 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) 874-2567 Fax: (202) 874-6627
College Park, Maryland 20740-6001 Telephone: (301) 837-1499 Fax: (301) 837-0293
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