Free Exhibit List - District Court of Federal Claims - federal

Case 1:91-cv-00984-EGB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MANKE LUMBER CO., et al. (MT. ADAMS VENEER CO.), Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

Consolidated under lead case No. 33-85C (No. 91-984C) (Judge Bruggink)

AMENDED JOINT EXHIBIT LIST IN MT. ADAMS VENEER CO. v. UNITED STATES, NO. 91-984C Pursuant to the pretrial conference held on March 1, 2005, and this Court's March 2, 2005 Order, the parties respectfully submit the following amended joint exhibit list for the trial in Mt. Adams Veneer Co. v. United States, No. 91-984C.1 The parties stipulate that the exhibits listed below are authentic, relevant, and admissible in the trial of this matter. 1. 2.
1

Forest Service advertisement for the Lynx Sale. Prospectus for the Lynx Sale, dated August 17, 1979.

The Court's March 2 Order directed that the Government "file an amendment to the Joint Exhibit List that adds as joint exhibits four summaries of timber sale comparisons (Plaintiff's Exhibits 20, 21, 22, & 23)." Id. at ¶ 4 (parenthetical in original). These four summaries are exhibits prepared by plaintiff's expert, Paul Ehinger. In directing that these documents be added to the joint list, the Court appears to have misconstrued the agreement the parties reached at the pretrial conference. The parties did not agree to add to the joint exhibit list summary exhibits prepared by plaintiff's expert. Rather, the parties agreed to add the appraisal summaries and reports of timber sale for the ten sales the contracting officer considered in selecting sales to calculate his estimated bid premium. We have, accordingly, added the latter documents to this amended list; we have not added Mr. Ehinger's summaries. The parties apologize to the Court for the misunderstanding. The parties also note that they will consent to add to their joint exhibit list the prospectuses for the four sales the contracting officer used to calculate the estimated bid premium, if those documents can be found. -1-

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3. 4. 5. 6. Sale. 7. 8. 9. 10. 11. 12.

Appraisal Summary for the Lynx Sale, dated August 15, 1979. Bid form, dated September 27, 1979, submitted by Mt. Adams on the Lynx Sale. Report of Timber Sale (USFS Form 2400-17), dated September 27, 1979. Forest Service letter to Mt. Adams, dated October 24, 1979, awarding the Lynx

Lynx Timber Sale Contract. Agreement to Extend the Lynx Contract, dated November 18, 1981. Rate Redetermination Appraisal Summary, dated September 27, 1989. Appraisal Summary for the defaulted Lynx Sale, dated April 24, 1990. Appraisal Summary for the defaulted Lynx Sale, dated June 1, 1990. Forest Service document entitled "ANALYSIS SUMMARY AND DECISION

NOT TO RESELL D-LYNX TIMBER SALE," dated September 21, 1990. 13. Adams. 14. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the Contracting Officer's June 22, 1990 final decision, assessing damages against Mt.

Silver 7 Timber Sale. 15. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Polar 2 Timber Sale. 16. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Polk 4 Salvage Sale. 17. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Beech 4 Salvage Sale. -2-

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18.

Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Tumble 4 Timber Sale 19. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Beech 5 Timber Sale. 20. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Kraus 7 Timber Sale. 21. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Schooley 11 Timber Sale. 22. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Cozy 3 Timber Sale. 23. Report of Timber Sale (USFS Form 2400-17) and Appraisal Summary for the

Holdaway 2 Timber Sale. Forest Service Manual Provisions, Handbook Provisions and Other Pertinent Materials: 24. 25. 26. 27. (10/30/87). 28. 29. FSH § 47 ­ Timber Sale Preparation Handbook (FSH 9/88 AMEND 1). July 1984 Memorandum from George Leonard, Director of Timber Management, FSM Chapter 2420 (10/77 AMEND 109). FSM § 2433.5 through 2433.54 (5/83 AMEND 129). FSM §§ 2433.51, 2433.53 and 2433.54 (10/83 R-6 SUPP 317). FSH 2409.15 ­ Timber Sale Administration Handbook, Interim Directive No. 2

to Regional Foresters, regarding "Expiration of Uncompleted Timber Sale Contracts," with enclosure (September 9, 1983 Memorandum to Regional Foresters also regarding expiration of -3-

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uncompleted timber sale contracts). 30. March 4, 1987 Memorandum from Mr. David G. Unger, Acting Associate Deputy

Chief, to Regional Foresters regarding "Resale of Defaulted Timber." 31. Paper entitled "Implications of Downpayment and Mid-Point Payments Upon

Values Bid for Defaulted Timber Sales" (this was an enclosure to Mr. Unger's March 4, 1987 Memorandum to Regional Foresters). 32. March 9, 1987 Memorandum from Mr. Joe E. Ragsdale, Leader, Timber Sales,

Forest Service Regional Office, to Forest Supervisors regarding "Resale of Defaulted Contracts." Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/Dennis J. Dunphy DENNIS J. DUNPHY Schwabe, Williamson & Wyatt, P.C. 1420 Fifth Avenue, Suite 3010 Seattle, Washington 98101-2393 Tele: (206) 622-1711 Fax: (206) 292-0460 Attorney for Plaintiff Mt. Adams Veneer Co. Dated: March 3, 2005 J. CHRISTOPHER KOHN Director

s/John W. Showalter JOHN W. SHOWALTER Assistant Director

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s/Richard P. Nockett RICHARD P. NOCKETT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. (8th Floor) Washington, D.C. 20530 Tele: (202) 307-1134 Fax: (202) 307-0494 Attorneys for Defendant Dated: March 3, 2005

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 3d day of March 2005 I caused copies of the foregoing "AMENDED JOINT EXHIBIT LIST IN MT. ADAMS VENEER CO. v. UNITED STATES, No. 91-984C" to be served upon the following individual by facsimile.and by first-class mail.

DENNIS J. DUNPHY, Esq. Schwabe, Williamson & Wyatt 1420 Fifth Avenue, Suite 3010 Seattle, Washington 98101

s/Richard P. Nockett

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