Free Motion for Extension of Time to Complete Discovery - District Court of Federal Claims - federal

Case 1:00-cv-00169-ECH

Document 197

Filed 05/09/2005

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: May 9, 2005 No. 00-169 L Judge Emily C. Hewitt

DEFENDANT'S UNOPPOSED MOTION OUT OF TIME FOR ENLARGEMENT OF TIME TO PRODUCE TRANCHE ONE PRIORITY DOCUMENTS TO PLAINTIFF ON MAY 9, 2005 Defendant respectfully moves for a three-day enlargement of time, to and including May 9, 2005, to produce tranche one priority documents to Plaintiff. In support of this request, 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 request for a three-day enlargement of time to produce tranche one priority documents to Plaintiff. (2) The Court's Order of April 15, 2005, requires Defendant, on or before May 6, 2005, to produce "documents and/or files designated by plaintiff on or before April 25, 2005 from the boxes prioritized by plaintiff for tranche one discovery in plaintiff's Notice."1/ (3) On April 29, 2005, Defendant produced 35,314 documents comprised of 66, 818 images to Plaintiff. This collection consisted of documents designated by Plaintiff during its inspection of documents at the Osage Agency from February 2 to March 7, 2005, including Category Two boxes. (4) On May 6, 2005, Defendant produced 77,949 documents comprised of 96,923 images

In its April 6, 2005, Notice, Plaintiff divided priority boxes into the following three categories: Category One - boxes from the Box Inventory Search System ("BISS"); Category Two - boxes located at the Osage Agency that were marked by Plaintiff during its review at the Osage Agency from February 23 to March 7, 2005; and Category Three - boxes that Defendant shipped to the American Indian Record Repository ("AIRR") from the Osage Agency.

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Case 1:00-cv-00169-ECH

Document 197

Filed 05/09/2005

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to Plaintiff. This was a partial production of the remaining priority images (Categories One and Three). Defendant will produce the remaining priority images (approximately 49,942 images) on May 9, 2005. (5) Defendant was unable to produce all of the priority images by May 6, 2005, due to irregular scan settings of documents from 17 boxes. These 17 boxes contained thousands of images of undersized documents (such as adding machine tape). These undersized documents were scanned at irregular scan settings that did not allow for Defendant to endorse the images. Some documents were also scanned using settings that created very large images. In order to endorse and produce these images, Defendant's technical support staff had to adjust each image one at a time, which is an extremely labor-intensive process. Despite the extraordinary efforts to produce the priority documents by May 6 ­ Defendant estimates that its technical and litigation contractors have spent over 1,600 hours on the production of priority tranche one documents to Plaintiff over the past three weeks ­ Defendant requires until May 9, 2005, to complete the production due to these technical problems that were not identified until late in the week of May 2, 2005. WHEREFORE, Defendant respectfully requests a 3-day enlargement of time, to and including May 9, 2005, to produce tranche one priority documents to Plaintiff. Respectfully submitted this 9th day of May, 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 -2-

Case 1:00-cv-00169-ECH

Document 197

Filed 05/09/2005

Page 3 of 3

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 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 Jason R. Baron Director of Litigation Office of General Counsel National Archives and Records Administration 8601 Adelphi Road Room 3110, NGC College Park, Maryland 20740-6001 Telephone: (301) 837-1499 Fax: (301) 837-0293

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