Free Stipulation - District Court of Federal Claims - federal

Case 1:00-cv-00169-ECH

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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 ,

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Electronically Filled: July 15, 2005 No. 00-169 L Judge Emily C. Hewitt

JOINT STIPULATION OF CONFIDENTIALITY REGARDING PRIVILEGED MATERIALS PRODUCED PURSUANT TO THE COURT'S JULY 8, 2005 ORDER AND (PROPOSED) ORDER Pursuant to the Court's July 8, 2005 Order, Defendant will provide Plaintiff with the class of privileged materials or documents discussed in that Order that are within Defendant's possession, custody, or control ("Privileged Materials"). In order to prevent any potential waiver of privileges as to third parties, Plaintiff and Defendant mutually agree and stipulate to the procedures set forth below for protecting these Privileged Materials. 1. Any privileges asserted as to the Privileged Materials shall not be deemed to be

waived as to third parties by virtue of Defendant providing the Privileged Materials to Plaintiff. 2. Defendant will stamp "PRIVILEGED MATERIAL ­ DO NOT DISCLOSE" on

each document provided to Plaintiff pursuant to the July 8, 2005 Order. 3. The Privileged Materials and any information contained therein shall be kept

strictly confidential by Plaintiff and shall not be disclosed to third parties or otherwise 1

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made public in a manner that waives any privilege except as specifically provided in this Joint Stipulation. Defendant may make any use of any of the Privileged Materials, including public disclosure of such Privileged Materials, as may be appropriate in the execution of its official duties, including, but not limited, to any duties to the Osage Nation and/or other Indian tribes for which Defendant is trustee; however, nothing in this Stipulation and Order shall be construed as the consent of the Osage Nation to any such disclosure or would prevent the Osage Nation from seeking appropriate relief with respect to any disclosure made by Defendant. 4. Each party may disclose Privileged Materials to its designated attorneys, auditors,

experts, and other representatives for purposes of this litigation, or any other litigation between the parties. Prior to attaching or quoting any of the Privileged Materials in any filing with the Court, the party proposing such filing shall seek the consent of the other party to such use of such Privileged Materials. In the event of a dispute concerning the disclosure of Privileged Materials, including in a filing with the Court, the parties agree to negotiate in good faith in order to resolve the dispute. In the event those negotiations fail to resolve the matter, either party may request appropriate relief from the Court at any time. 5. Within 30 days of the conclusion of this case, the parties will confer as to the

disposition of the Privileged Materials. If the parties are unable to agree to the disposition of the Privileged Materials, either party may seek relief from this Court.

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s/ Wilson Pipestem__________ WILSON K. PIPESTEM Pipestem Law Firm, P.C. 1333 New Hampshire Ave., NW Washington, D.C. 20036 Telephone: (202) 419-3526 Fax: (202) 659-4931

s/ Brett Burton______________ BRETT D. BURTON United States Department of Justice Environment and Natural Resources Div. P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Fax: (202) 353-2021 Attorney for Defendant OF COUNSEL: Kevin Webb Martin J. LaLonde 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 Washington, D. C. 20240 Telephone: (202) 219-1659 Fax: (202) 208-3490 Jason R. Baron Director of Litigation Office of General Counsel National Archives and Record Administration 8601 Adelphi Road Room 3110, NGC College Park, Maryland 20740-6001 Telephone: (301) 837-1499 Fax: (301) 837-0293 Teresa E. Dawson Senior Counsel Office of Chief Counsel 3

Attorney for Plaintiff

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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

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(PROPOSED) ORDER

The Court having found good cause for the entry of an order approving the foregoing stipulation of the Parties, IT IS THEREFORE, ORDERED that the stipulation as contained herein is approved; ORDERED that this Joint Stipulation of Confidentiality Regarding Privileged Materials Produced Pursuant to the Court's July 8, 2005 Order shall govern production of Defendant's Privileged Materials to Plaintiff as provided herein, unless modified by further Order of this Court; and

JOINT STIPULATION OF CONFIDENTIALITY REGARDING PRIVILEGED MATERIALS PRODUCED PURSUANT TO THE COURT'S JULY 8, 2005 ORDER AND (PROPOSED) ORDER

Dated:____________

________________ EMILY C. HEWIIT Judge

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