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

Case 1:00-cv-00169-ECH

Document 207

Filed 06/13/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) THE OSAGE NATION AND/OR TRIBE OF INDIANS OF OKLAHOMA,

Electronically Filed: June 13, 2005 No. 00-169 L Judge Emily C. Hewitt

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO EXCEED 40-PAGE LIMIT UNDER RULE 5.2(b)(1) Defendant respectfully moves this Court pursuant to Rule 5.2(b) of the Rules of the Court of Federal Claims ("RCFC"), for leave to file an initial brief exceeding 40 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 an initial brief exceeding 40 pages. (2) The Court's Order of April 15, 2005, requires Defendant, on or before June 13, 2005, to "file any dispositive motions with respect to legal authorities supporting recovery and time frames for which recovery is sought under each legal authority on or before Monday, June 13, 2005." Pursuant to this Order, Defendant intends to file Defendant's Motion to Dismiss, In Part, Plaintiff's Tranche One Claims, and Memorandum in Support Thereof ("Defendant's brief") on June 13, 2005. Defendant expects that the substantive portions of Defendant's brief, excluding the table and other introductory portions identified in RCFC 5.2(b)(1)(A) and (B), will exceed 40 pages, but will not exceed 55 pages. (3) Defendant's brief 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 1:00-cv-00169-ECH

Document 207

Filed 06/13/2005

Page 2 of 3

case; and (c) whether the Tribe's 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 an initial brief exceeding 40 pages. As stated above, Defendant expects that Defendant's brief will not exceed 55 pages. WHEREFORE, Defendant respectfully moves for leave to file an initial brief exceeding 40 pages. Respectfully submitted this 13th day of June, 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 207

Filed 06/13/2005

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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