No. CIV-97-113-B

DOUGLAS G. DRY, JUANITA
McCONNELL and ROSIE BURLISON,

Plaintiffs,

vs.
UNITED STATES OF AMERICA, of al.,

Defendants.

COME NOW the Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels ("Defendants" unless otherwise specified within the Brief), by and through their attorneys of record, Steidley & Neal, pursuant to EDOK LR 7. 1 B move this Court to strike Plaintiff's Brief in Response to Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels' Motion for Summary Judgment. In support of their Motion to Strike, these Defendants would state as follows:

1) These Defendants' Motion for Summary Judgment and Brief in Support was mailed for filing on June 8, 1999 and filed by the Eastern District Court Clerk on June 9, 1999. Pursuant to LR 7.1B, Plaintiff's response deadline was June 24, 1999.

2) PLAINTIFF'S Response Brief was not mailed until June 25, 1999 and not filed until June 29,1999.

3) Consequently, Plaintiffs Response Brief was filed five (5) days past its due date under LR 7.1B. Plaintiff should be deemed to have confessed these Defendants' Motion for Summary Judgment.

WHEREFORE, premises considered, Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels move this Court to Strike Plaintiff's Brief in Response to these Defendants' Motion for Summary Judgment and for Judgment as a matter of law in favor of these Defendants.

Respectfully submitted,

STEIDLEY & NEAL
Attorneys for Defendants City of Talihina,
Jack England, Malcomb Wade, Niky Hibdon,
Lloyd James, John Wheat and Naomi O'Daniels

CERTIFICATE OF MAILING

I hereby certify that on the 2nd day of July 1999, a true and correct copy of the foregoing was mailed via certified mail with proper postage fully prepaid to the following:

Mr. Douglas G. Dry
Attorney at Law
P.O. Box 637
Wilburton, OK 74578

Peter Bernhard, Esq.
Special Assistant U.S. Attorney
U.S. District Court
Northern District of Oklahoma
333 West 4th Street, Suite 3460
Tulsa, OK 74103-3809

Mr. Steve Shreder
Attorney at Law
P.O. Box 8 10
Talihina, OK 74571