Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 233-3

Filed 02/02/2007

Page 1 of 2

U.S. Department of Justice Environment and Natural Resources Division SDB 90-1-23-10297
Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 Telephone (202) 305-0424 Facsimile (202) 305-0267

January 29, 2007 Via E-mail Marty Wolf, Esquire Quinn, Gordon & Wolf 102 West Pennsylvania Avenue Suite 402 Baltimore, Maryland 21204 Re: Dear Marty: This responds to plaintiffs' draft status report regarding settlement Kieron e-mailed to me this evening at 4:59 P.M. As I informed you during our subsequent phone call, the draft status report reveals terms of the tentative settlement agreement, which are confidential communications protected by Federal Rules of Evidence 408. I reiterate my demand that you remove these references, as well as any attached exhibits identifying the terms. Be advised that I will move the court to strike the report and any attached exhibits if you do not agree in writing by 10:00 A.M. tomorrow morning (January 30) to amend the status report so that it does not reveal terms of the tentative agreement or any other confidential settlement communications. In addition, should you disclose such communications to the court, we will seek all appropriate relief, including, if necessary, the recusal of Judge Wolski. Finally, as we previously indicated, your insistence on divulging confidential settlement communications will result in the cessation of our ongoing settlement discussions, and will be seen by the United States as an effort by plaintiffs' counsel to undermine any chance of settlement in this case. Testwuide v. United States, 01-201

Case 1:01-cv-00201-VJW

Document 233-3

Filed 02/02/2007

Page 2 of 2

Sincerely,

s// Steven D. Bryant Steven D. Bryant

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