Free Motion to Compel - District Court of Federal Claims - federal

Case 1:05-cv-00381-CFL

Document 28-3

Filed 10/17/2006

Page 1 of 2

Exhibit B

Case 1:05-cv-00381-CFL

Document 28-3

Filed 10/17/2006

Page 2 of 2

PERKINS & TROTTER, PLLC
A PROFESSIONAL LIMITED LIABILITY COMPANY Attorneys and Counselors JULIE D. GREATHOUSE [email protected] POST OFFICE BOX 251618 LrrTLE ROCK, ARKANSAS 72225-1618 TEL 501-603-9000 FAX 501-603-0556 www.pcrkinstrotter.com
Street Address 1 Infomlation Way, Suite 200 Little Rock, Arkansas 72202

October 5, 2006 Via Email and Regular Mail HelenAnne Listerman U.S. Department of Justice Environment and Natural Resources Division P.O. Box 663 Ben Franklin Station Washington, DC 20044-0663 Re: Arkansas Game & Fish Commission v. United States; Ct. Fed. CI., No. 05-381L

Dear HelenAune: By telephone on September 22, 2006, you stated that Defendant's experts wish to install water gauges on the WMA in the next few weeks. You also stated that your experts would read the gauges for a few months, and would remove the gauges in the spring of 2007. I asked that you put the request in writing so that I could talk with my client and our experts about this request. You did so by letter of September 25, 2006. I mentioned to you during the week of September 25, 2006, during a deposition break, that AGFC believes the installation of the gauges and gathering of information related to those gauges constitutes fact discovery. Upon further research and discussion, AGFC objects to the installation of the gauges because fact discovery has ended. This fact discovery will delay the case for many months as we cannot begin expert discovery until your experts have an opportunity to collect, review and opine about the data collected. Although I understand you were not the attorney of record in this ease at its inception, this case has been pending for over a year and half. We have already litigated through one winter flooding season. Your predecessor attorney never made such a request, and the current request simply comes too late. Sincerely, PERKINS & TROTTER, PLLC athouse JDG/scr cc: James F. Goodhart