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UNITED STATES COURT OF FEDERAL CLAIMS
WILLIAM A. CLARK, et al., Plaintift;
V.
THE LFNITED STATES Defendant.
) ) ) ) ) ) No. 00-644C ) ) (Judge Firestone) ) ) ) )
DECLARATION OF LIEUTENANT COLONEL BRIAN M. ROOU i, Brian M. Roou, declare and state the following: 1. I aln an officer in the US Air Force Judge Advocate General's Corps, currently assigned to the US Air Force Legal Operations Agency, General Litigation Division, Military Personnel Litigation Branch. This declaration is made on personal knowledge of factual matters known to me and if called upon as a witness, I could and would testify competently to them. 2. I was assigned as the lead counsel in this case for the Air Force on August 1, 2007. Upon my assignment to the case, I was briefed by the former counsel, Major Tracey Rockenbach, on her search for the requested documents and on what she had obtained. She told me that she conducted a broad and thorough search within the Department of the Air Force, as well as within the Department of Defense, in response to Plaintiffs' June 22, 2006 Second Set of Document Requests. In her declaration, Major Rockenbach details her efforts to obtain the requested documents. 3. The Air Force has searched reasonably and exhaustively and has produced nothing more than the documents responsive to plaintiffs' requests, including Requests 8, !2-! 5, 21, 27 and 28,
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which plaintiffs specifically request to be compelled in their Motion to Compel Discovery and Extend Discovery Deadlines. Requests were sent to at least 20 different agencies and all responsive documents have been provided to plaintiffs, including the aforementioned documents, or plaintiffs have had access to responsive documents at Maxwell Air Force Base. 4. Plaintiffs assert in their motion that the ~'government has failed to produce a single
, document" for "Requests 34, 35, 41 ...." specifically regarding 34, for "all documents relating to the Career Field Education and Training Plans ("CFETP") for Air Force Specialty Code ("AFSC") 2FOX1 at the time the Air National Guard enlisted Plaintiffs completed the Specified Courses." This request was initially brought to my attention in a footnote to a letter fi'om plaintiffs' counsel to Mr. Douglas Mickle, Department of Justice, dated August 20, 2007. On Oct 23, 2007, I contacted Master Sergeant (MSgt) William D. Brown, the Air Force Fuels Career Field Manager at Sheppard Air Force Base, Texas, to ask him for the requested documents. MSgt Brown conducted a thorough search of his files and could only locate the Specialty Training Standards (STS) for 1987 and 1990, as well as the CFTEPs for 1995, 1997 and 2001, which I forwarded to Major Jerry Dunlap, US Army Legal Services Agency, for him to forward to plaintiffs' counsel. About one month later, I again contacted MSgt Brown to inquire as to whether he was able to locate any more responsive documents. MSgt Brown informed llle that he had found in a personal reference tblder some more CFTEPs and STSs, which he forwarded to me, and I, in turn, forwarded to Major Dunlap. 5. The aforementioned documents were the only ones MSgt Brown or the regulation's proponent were able to produce. MSgt Brown knew of no other place in the Air Force that might have additional responsive documents. He told me that this is because pursuant to the Air Force Records Information Management System (AFRIMS) records disposition schedule,
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CFETPs/STSs are destroyed upon revision, discontinuance of related courses, or when obsolete. MSgt Brown's office just happened to find the older copies of CFETPs/STSs in personal files that he kept for himself to use as reference, rather than destroy. I declare under penalty of perjury that the foregoing is true and correct in accordance with 28 U.S.C. § 1746. Executed on this 4th day of January 2008.
Brian M. Roou Lieutenant Colonel, U.S. Air Force
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UNITED STATES COURT OF FEDEIL~L CLAIMS
WILLIAM A. CLARK, et al., Plaintiff, v. THE UNITED STATES Defendant.
)
) ) )
)
No. 00-644C (Judge Firestone)
)
)
)
) ) )
DECLAI[LATION OF MAJOR CHRISTOPHER R. BROWN. I, Christopher R. Brown, declare and state the following: 1. I maa an officer in the Alabama Army National Guard (ALARNG) and the Amay National
Guard of the United States (ARNGUS), currently serving in my ARNGUS capacity as a member of U.S. Army Judge Advocate Ge1~.eral's Corps, I am a Major in the ALARNG and the ARNGUS. i am cunently assigned to the U.S. Army judge Advocate General's Legal Center and School as ma Associate Professor irt flae International and Operational Law Department. I am an attorney duly admitted to the bar of the State of Alabama. This declaration is made on personal knowledge of factual matters known to me and if catted upon as a witness, I could and would testify competently to them. 2. t was responsible t:br coordinating the National Guard Bureau's efforts in assisting the
Departments of the Army and Air Force in the defense of the subject case during the approximate period of September of 2003 to July 2005 when I relocated to my cun'ent duty assignment. The case was somewhat dormant until approximately January 2004 when i was contacted by MAJ Gary Corn, US Army Litigation Division, about the case and his impending
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efforts to draft a Motion for Summary Jud~nent. MAJ Corn, Mr. Doug Mickle, and myself worked on the Motion for Summary Judgment that was later filed.. 3. To the best of my recollection, approximately in April 2004, I began communicating with
the States and directorates at the Nationa! Guard Bureau in response to Plaintiff's request for documents. As I recall, this request was extremely broad in that it requested all documents in the areas of"training" of the National Guard, promotions, and "required" t~'aining. Upon receipt of Plaintiffs' document request, I conducted and coordinated a broad and thorough search for the requested documents within the regulations and documents of the National Guard Bureau m~d within the various states that had named plaintiffs. Although most, if not all of these National Guard Bureau regulations are available to the public through the internet, we personally reviewed and provided all applicable regulations by CD ROM to the Plaintiffs. 4. in order to conduct a more thorough search for National Guard Bureau regulations and
documentation, I coordinated a meeting with all NGB (Army and Air Force) division chiefs that would conceivably have information in these areas, among those being the personnel m~d training divisions. At this meeting, Mr. Mickle, MAJ Corn and I discussed with them the basis of the case, explained the motion :for discovery, and requested assistance from these division chiefs in providing the requested information, I further coordinated the preparation of affidavits with various NGB personnel, nanaely from the training division, as wett as a retired CSM McNamara as expert with institutional knowledge in this area. 5. In order to coordinate a search of docmnents within the vari_ous states, I contacted and
coordinated with a Judge Advocate (usually the Active Guard/Reserve (AGR) Judge Advocate) in each state with. a named plain.tiff. I provided to them a copy of the discovery request, and also provided a suspense. The states were requested to provide any regulations, documentation or
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other guidance within thek particular states (not National Guard Bureau, ~a'my or Air Force regulations) relating to the request. When this information was received, it was provided to Plaintiffs' counsel in either hard copy or by CD ROM depending on the format in which it was provided. I also coordinated the affidavit of Mr. Clark's former commander, CW2 Mark Mills. 6. I also assisted in providing applicable US Am~y and Air Force regulations to the
Plaintiffs' counsel. Although most, if not all of the regulations were available through the internet, we provided al! relevant regulations in hard copy or CD ROM. We also coordinated with The Pentagon Library and, I believe, the US Air Force Library for flae P!aintiff's counsels'
access.
I declare under penalty of perjury that the foregoing is true and correct in accordance with 28 U.S.C. § !.746. Executed. on this 18th day of December 2007.
Christo Major,
Brown
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
WILLIAM A. CLARK, individually and on behalf of all others similarly situated,
Plaintiff,
THE UNITED STATES, Defendant.
) ) ) ) ) ) ) ) ) ) ) )
00-644C (Chief Judge Damich)
JOINT STATUS REPORT REGARDING THE REMAINING BRIEFING SCHEDULE ON THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT Pursuant to this Court's November 18, 2003 Order, the parties hereby submit this Joint Status Report Regarding The Remaining Briefing Schedule On The Government's Motion For Summary Judgment ("JSR"). The parties propose that Plaintiffs file their opposition to the motion for summary judgment by February 11, 2005. The parties propose that Defendant file its reply to Plaintiffs' opposition by March 14, 2005. I. Parties' Statement Regarding Discovery On July 15, 2004 the Court granted Plaintiffs leave to submit document requests to Defendant seeking certain specified categories of information necessary to oppose the government's summary judgment motion. The Court denied Plaintiffs' request to propound interrogatories and requests for admission and to conduct deposition discovery. On September 8, 2004, the Court issued an order to the parties originally setting September 17, 2004, as the due date for this JSR. However, on September 10, 2004, Defendant asked the Court for an enlargement of time to file the JSR because more time was needed to locate and produce documents from various agencies throughout the government. In response, the Court issued an
-1-
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Order on September 15, 2004 extending discovery to October 4, 2004, and extending the deadline to file the JSR to October 15, 2004. Defendant produced additional documents responsive to Plaintiffs' document requests on October 4, 2004. Plaintiffs thereafter identified several deficiencies in Defendants' production and, in a letter dated October 12, 2004, asked Defendant to cure these deficiencies. The parties then exchanged a series of letters and had several discussions regarding additional material related to Plaintiffs' document requests. During these on-going discussions, the parties filed two motions for enlargement of time to file the JSR, dated October 15, 2004 and November 16, 2004, respectively. The Court granted these motions, ultimately extending the deadline to file the JSR to December 13, 2004. Defendant produced documents on October 4, 2004, November 1, 2004, November 19, 2004, November 30 2004, and December 3, 2004, respectively. The government's November 30, 2004 production alone contained welt over 2,000 pages of documents. Plaintiffs are continuing to request specific documentation from various document repositories maintained by Defendant. Additionally, Plaintiffs have asked the goverrmaent to provide evaluation reports for Plaintiffs Davern and Johnson. These documents were not included in the personnel files produced by Defendant.~ To the extent there is a dispute regarding any such discovery, it may be necessary to seek guidance of the Court.
The Government contends that all available personnel records in the possession of the Department of Defense pertaining to all plaintiffs, to include Davern and Johnson, have been provided to plaintiffs' counsel. The Plaintiffs also respectfully submit that they are entitled to propound interrogatories and requests for admission and to conduct deposition discovery to obtain a full and accurate understanding of many of the documents that Defendant has produced. As an example of needed deposition discovery, .Defendant's November 30, 2004 production contained several databases relating to quotas for various training courses. Without the ability to conduct depositions, Plaintiffs have been unable to ascertain the significance of all of the data contained in these documents. The Government contends that depositions, interrogatories and requests for admissions are not warranted here, because the "databases" are neither relevant nor responsive to the. Court's discovery order.
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The parties are also in the process of meeting and conferring about an appropriate protective order to protect the identity of the anonymous class representatives. We ask the assistance of the Court in the event that the parties are unable to come to an agreement in advance of Plaintiffs' filing date. II. Proposal for Further Proceedings on the Government's Summary Judgment Motion The parties propose that Plaintiffs file their opposition to the motion for summary judgment by February 11, 2005. The parties believe 60 days will provide sufficient time for Defendant to produce the documents described above and for Plaintiffs to review these documents and prepare the opposition. The parties also propose that Plaintiffs' Opposition Brief be limited to 40 pages, the same length as the government's motion for summary judgment. The parties propose that Defendant file its reply to Plaintiffs' opposition by March 14, 2005. For the Court's convenience, the parties attach a proposed order. Respectfully submitted, PETER D. KEISLER Assistant Attorney General
DAVlY) M. COHEN Director
HELEN K. MICHAEL HOWREY SIMON ARNOLD & WHITE, L.L.P. 1299 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 783-0800 RICHARD T. DORMAN CUNNTNGHAM, BOUNDS, YANCE, CROWDER & BROWN, LLC 1601 Dauphin Street Mobile, AL 36604 (251) 471-6!91
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CHARLES J. COOPER COOPER & KIRK, P.L.L.C. 1500 K Street, N.W., Ste. 200 Washington, DC 2005 (202) 220-9600 Counsel for Plaintiffs Dated: December 13, 2004
DOUGLAS K. MICKLE Department of Justice Commercial Litigation Branch Civil Division Attn: Classification Unit, 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Attorneys for Defendant
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 00-644C (Filed: )
WILLIAM A. CLARK, individually and on behalf of all others similarly situated, Plaintiff,
THE UNITED STATES, Defendant.
ORDER
On December 13, 2004 the parties submitted a Joint Status Report regarding the remaining briefing schedule on the Government's motion for summary judgment. The parties proposed that Plaintiffs file their opposition to the motion for summary judgment by February 11, 2005. The parties proposed that Defendant file its reply to Plaintiffs' opposition by March 14, 2005. Finally, the parties proposed that Plaintiffs' Opposition Brief be limited to 40 pages. It is ~ereby ORDERED that Plaintiffs will file their opposition to Defendant's motion for summary judgment on or before February 11, 2005 and that Defendant will file its reply to Plaintiffs' opposition by on or before March 14, 2005. It is further ORDERED that Plaintiffs' Opposition Brief will be limited to 40 pages in length.
EDWARD J. DAMICH Chief Judge
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CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing Joint Status Report were served by regular United States mail, postage prepaid, December 13, 2004 upon the party listed below:
Douglas Mickle U.S, Department of Justice Civil Division Commercial Litigation Branch Room 11050 1100 L St. NW Washington, DC. 20530
Peter Cento
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Mickle, Douglas (ClV)
From: Sent: To: Cc: Subject:
Thanks. Rachel A. Adams Howrey Simon Arnold & White, LLP 202.383.6691 ..... Original Message ..... From: Soucie, Christopher P MAJ USALSA
[email protected] Friday, March 04, 2005 9:44 AM [email protected] Mickle, Douglas (ClV); [email protected] Re: Outstanding discovery issues (UNCLASSIFIED)
I just got back but will get a status update to you later today.
Chris
Christopher P. Soucie Major, U.S. Army Litigation Attorney, Litigation Division Military Personnel Branch 901 N. Stuart St., Ste, 400 Arlington, VA 22203-1837 Te!: 703-696-1626 Fax: 703-696-8126 Christopher. [email protected] CONFIDENTIALITY NOTICE The information contained in this e-mail and any accompanying attachments constitute confidential information which may be legally privileged. This information is the property of the U.S. Government. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you received this e-mail in error, please notify us 1 D~ 06~
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immediately by return e-mail or by calling (703) 696-2515.
..... Original Message ..... From: Adams, Rachel [mailto:[email protected]] Sent: Wednesday, March 02, 2005 12:40 PM To: Soucie, Christopher P MAJ USALSA Cc: '[email protected]'; Fahmy, Christina Subject: FW: Outstanding discovery issues
Chris-
I wanted to follow up on some of the remaining discovery issues. Alan is out of the office right now and we would like to know where you are with regard to producing further documents and responding the the remaining discovery issues set forth below.
You can reach me on email or please feel free to call me at 202.383.6691 so we can discuss this matter.
Rachel A. Adams
..... Original Message ..... From: Sutton, Alan Sent: Wednesday, February 23, 2005 7:26 PM To: 'Soucie, Christopher P MAJ USALSA' Cc: '[email protected]'; Fahmy, Christina Subject: Outstanding discovery issues
Chris - I do not expect to propound additional document requests at this point. However, I do need to follow up on the outstanding discovery issues.
First, please let me know what you want to do with respect to the ATRRS materials. You sent a series of emails to me re ATRRS information and then recalled them. I believe I stil! have the information on my computer. Am I to use this or do you intend to send something else instead?
Second, I am in the process of confirming that Alabama counsel has received all of the documents they have requested through Maxwell. I should know more by tomorrow or Friday. Third, you sent one of two DA messages re the Commander's Safety Course. Thank you. I believe the remaining message is HQDA WASHINGTON DC//DAMO-TRZ//15!2242 AUG 02//SAB. Fourth, you have sent the METL information for the 151st Army Band, Alabama ARNG. Based on this, and your statement that the Air Guard has METL and YTG documents, I have modified the message below to account for outstanding METL and YTG documents.
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Thank you again, Alan
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Please copy Ms. Fahmy (copied above) in your response to this email.
..... Original Message ..... From: Sutton, Alan Sent: Wednesday, February 02, 2005 6:21 PM To: 'Soucie, Christopher P MAJ USALSA' Cc: '[email protected]'; Fahmy, Christina; Michael, Helen Subject: METL and YTGs
Chris,
Training guidance documents based on unit and organization METLs identify training requirements and METLs themselves are responsive to Plaintiffs' document requests.
We need METLs for:
HQ, 60th Troop Command, NCARNG HHC 711 SIG BN (MSE), Alabama ARNG 148 FW, Duluth, MN, ANG 154 WG, Hawaii Air National Guard
We also need the training guidance documents (YTGs) issued by state Guard headquarters for 1995 to 2002 for the following organizations:
Alabama Army National Guard Connecticut Army National Guard Hawaii Air National Guard Minnesota Air National Guard Mississippi Army National Guard North Carolina Air National Guard North Carolina Army National Guard Ohio Army National Guard Pennsylvania Air National Guard Pennsylvania Army National Guard
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Case 1:00-cv-00644-NBF
Alan Alan Sutton Howrey Simon Arnold & White, LLP 1299 Pennsylvania Avenue, N.W. Washington, DC 20004 Tel: 202.383.6599 Fax: 202.383.6610 Email: [email protected]
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Classification: UNCLASSIFIED Caveats: NONE
This email and any attachments contain information from the law firm of Howrey Simon Arnold & White, LLP, which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named on this email. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please notify us by reply email immediately so that we can arrange for the retrieval of the original documents at no cost to you.
Classification: UNCLASSIFIED Caveats: NONE
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Mickle, Douglas (ClV)
From: Sent: To: Cc: Subject: Attachments: [email protected] Monday, March 07, 2005 5:03 PM [email protected] Mickle, Douglas (CIV); [email protected]; [email protected]; [email protected]; [email protected] RE: Outstanding discovery issues (UNCLASSIFIED) tmp,htm; 1986Aviation01 l.txt; 1994SelfDeve!opmentSchoo1553.txt; 1995SelfDevelopmentSchoo1553.txt; 1996SelfDevelopmentSchoo1553.txt; 1997SelfDevelopmentSchoo1553.txt; 1998SelfDevelopmentSchoo1553.txt; 1999SelfDevelopmentSchoo1553.txt; 2000to2002SelfDevelopmentSchoo1553.txt; 19971nfantrySchoo1071 .txt; 19961nfantrySchoo1071 .txt; 19951nfantrySchoo1071 .txt; 19941nfantrySchoo1071.txt; 19931nfantrySchoo1071.txt; 1999AdjutantGeneralSchoo1121805C.txt; 1996AdjutantGeneralSchoo1121805C.txt; 1993SupplAdjutantGeneralSchoo1121805C.txt; 1993AdjutantGeneralSchoo1121805C.txt; 1999Supply101.txt; 1998Supply101.txt; 1995Supply101.txt; 1994Supply101.txt; 1993Supply101.txt; 2001Armor171.txt; 1998Ordnance091.txt; 1997Ordnance091.txt; 2001 School of Packaging908.txt; 1987Aviation011 .txt; 1993SelfDevelopmentSchoo1553.txt; AviationLogiticsMGR011Q13.txt; Army Courses -ATRRS self.development.xls; Army Courses - ATRRS self.development.553.xls; Army Courses - ATRRS packaging.xls; Army Courses ATRRS ordnance.and.packaging.xls; Army Courses - ATRRS music.xls; Army Courses ATRRS Ivnworth.and.warcollege.xls; Army Courses - ATRRS infantry.xls; Army Courses ATRRS avn 011 bravo.xls; Army Courses - ATRRS armor.xls; Army Courses - ATRRS AG.xls; 1999SchoolofMusic514.txt; 1997SchoolofMusic514.txt; 1995SchoolofMusic514.txt; 1985Aviation011.txt; 1999Leavenworth701 .txt; 1998Leavenworth701 .txt; 2002SchoolofMusic514.txt; 2000SchoolofMusic514.txt; 1995Leavenwoth701.txt; 1994Leavenwoth701 .txt; 1993Leavenwoth701 .txt; 1997WarColleg217.txt; 1999Aviation011.txt; 1989Aviation011.txt; 1988Aviation011.txt; 2001Leavenworth701.txt; 2000Leavenworth701 .txt; 2000Aviation011 .txt; Army Courses - ATRRS AVN 011 .xls; AMEDD1993.txt; AMEDD1992.txt; AMEDD1996.txt; 1989AMEDD081.txt; Army Courses ATRRS AMEDD.xls; Army Courses -ATRRS maint.leader.xls; MaintenaceLeader.txt; Army Courses - ATRRS cdrs safety course.xls; CDRSafetyCourse .txt; Army Courses - ATRRS Avn Iogistics.xls; AviationLogiticsMGR552D11 .txt; Army Courses - ATRRS supply.xls
tmp.htm (37 KB) 1986Aviation011.tx 1994Se~fDeve~~pme1995Se~fDeve~~pme1996Se~fDeve~~pme1997Se~fDeve~~pme1998Se~fDeve~~pme t (5 KB) ntSchoo1553.t.., ntSchoo1553.t.., ntSchoo1553.t.., ntSchoo1553.t.., ntSchoo1553.t...
1999SelfDevelopme2000to2002SelfDev 1997InfantrySchoo11996Infantn/Schoot 1995InfantrySchoo11994InfantrySchoo11993Infantry$chool ntSchoo1553.t.., elopmentSchoo... 071.txt (28 ... 071.txt (24 .,. 071.txt (25 .,. 071.txt (12 ... 071.txt (8 K...
1999AdjutantGener1996AdjutantGener 1993SupplAdjutant 1993AdjutantGener1999Suppty101.b
1994SupplylOl.txt 1993SupplylOl.txt 2001~rmorlTl.txt 1998Ordnance091. 1997Ordnance091. 2001School of 1987Aviation011.tx (48 KB) (10 KB) (14 KB) txt (60 KB) b
1993SelfDevelopmeAviationLogiticsMGR Army Courses Army Courses Army Courses Army Courses Army Courses ntSchoo1553.t... 011Q13.txt ... ATRRS self.deve... ATRRS self.deve... ATRRS packaging...ATRRS ordnance ....ATRRS music.xls...
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Army Courses Army Courses Army Courses Army Courses Army Courses - 1999SchoolofMusic 1997SchoolofMusic ATRRS Ivnworth .... ATRRS infantry .... ATRRS avn 011 b... ATRRS armor.xls._ ATRRS AG.xls (2... 514.txt (4 KB... 514.txt (4 KB.,.
1995SchoolofMusic t985Aviation011.tx 1999keavenworth7 1998keavenworth7 2002SchoolofNusic 2000SchoolofNusic 19951_eavenwothT0 514.txt (3 KB... t (6 KB) 01.txt (9 KB) 01.txt (9 KB) 514.txt (4 KB... 514.txt (4 KB... 1.txt (47 KB)
1994LeavenwothT01993keavenwothT01997WarColle~217.1999Aviation011.tx 1989Aviation011.tx 1988Aviation011.tx 2001keavenworth7 1.txt (32 KB) 1.txt (4 KB) txt (2 KB) t (17 KB) t (8 KB) t (7 KB) 01.txt (10 KB)...
2000Leavenworth7 2000Aviation011.tx Army Courses - %MEDD1993.txt (41~MEDD1992.txt (42~MEDD1996.txt (551989AMEDD081.txt 01.txt (9 KB) t (17 KB) ATRRS AVN 011.x... KB) KB) KB) (43 KB)
Army Courses - Army Courses - MaintenaceLeader.t Army Courses - CDRSafetyCourse Army Courses - AviationLogiticsMGR ~TRRS AMEDD.xls...ATRRS maintlea.., xt (14 KB) ATRRS cdrs safe... .txt (2 KB) ATRRS Avn Iogis... 552D11.txt ...
Army Courses ATRRS supply.xl... Classification: Caveats : NONE All: (discovery) UNCLASSIFIED
i.
Attached are the ATRRS reports.
Notes from Mr. Steinway in reading them: Step 1 - See the spreadsheet (for example, see the line 9 Aviation Logistics Manager Course). It has two primary course numbers 552 DII and 011 QI3. I've attached two text files for the requested FY. The Program of Instruction (POI) Proponent list for each course is attached with the data requested. Scroll down the text file and look for the course number.
2.
Nothing needed.
3. and 4. No change.
We also delivered a CD today to you that contained some of the documents that you requested, and also a couple that you did not request but related.
Chris 2
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Christopher P. Soucie Major, U.S. Army Litigation Attorney, Litigation Division Military Personnel Branch 901 N. Stuart St., Ste, 400 Arlington, VA 22203-1837 Tel: 703-696-1626 Fax: 703-696-8126 HYPERLINK "mailto:Christopher. [email protected]"Christopher. [email protected] CONFIDENTIALITY NOTICE The information contained in this e-mail and any accompanying attachments constitute confidential information which may be legally privileged. This information is the property of the U.S. Government. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you received this e-mail in error, please notify us immediately by return e-mail or by calling (703) 696-2515.
..... Original Message ..... From: Adams, Rachel [mailto:[email protected]] Sent: Friday, March 04, 2005 4:14 PM To: Soucie, Christopher P MAJ USALSA Cc: 'Brown, Christopher R CPT NGB-JA'; Fahmy, Christina; Sutton, Alan; [email protected] Subject: RE: Outstanding discovery issues (UNCLASSIFIED)
Chris-
I look forward to hearing from you on the outstanding issues as soon as possible. With regard to item no 2, we have received a few documents from Maxwell. Apparently, the library is copying more and we will be receiving them as they are copied. Let's plan on touching base sometime Monday. I am in the office all day so let's talk.
Rachel Adams ..... Original Message ..... From: Soucie, Christopher P MAJ USALSA [mailto:Christopher. [email protected]] Sent: Friday, March 04, 2005 4:06 PM To: 'Adams, Rachel' Cc: Soucie, Christopher P MAJ USALSA; 'Brown, Christopher R CPT NGB-JA' Subject: RE: Outstanding discovery issues (~CLASSIFIED)
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Rachel:
Response to the email below:
i. 2.
Will have this finalized early next week. Waiting on word from Alan.
3. To date, no one has tracked this down. I am waiting on 2 other inquiries - will let you know by Tuesday. 4. National Guard Litigation Attorney working this issue will be back Monday.
If there are other outstanding issues, please let me know. Thanks.
Chris
Christopher P. Soucie Major, U.S. Army Litigation Attorney, Litigation Division Military Personnel Branch 901 N. Stuart St., Ste, 400 Arlington, VA 22203-1837 Tel: 703-696-1626 Fax: 703-696-8126 HYPERLINK "mailto:Christopher. [email protected]"Christopher. [email protected] CONFIDENTIALITY NOTICE The information contained in this e-mail and any accompanying attachments constitute confidential information which may be legally privileged. This information is the property of the U.S. Government. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you received this e-mail in error, please notify us immediately by return e-mail or by calling (703) 696-2515.
..... Original Message .....
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From: Adams, Rachel [mailto:[email protected]] Sent: Wednesday, March 02, 2005 12:40 PM To: Soucie, Christopher P MAJ USALSA Cc: '[email protected]'; Fahmy, Christina Subject: FW: Outstanding discovery issues
Chris-
I wanted to follow up on some of the remaining discovery issues. Alan is out of the office right now and we would like to know where you are with regard to producing further documents and responding the the remaining discovery issues set forth below.
You can reach me on email or please feel free to call me at 202.383.6691 so we can discuss this matter.
Rachel A. Adams
..... Original Message ..... From: Sutton, Alan Sent: Wednesday, February 23, 2005 7:26 PM To: 'Soucie, Christopher P MAJ USALSA' Cc: '[email protected]'; Fahmy, Christina Subject: Outstanding discovery issues
Chris - I do not expect to propound additional document requests at this point. However, I do need to follow up on the outstanding discovery issues. First, please let me know what you want to do with respect to the ATRRS materials. You sent a series of emails to me re ATRRS information and then recalled them. I believe I stil! have the information on my computer. Am I to use this or do you intend to send something else instead? Second, I am in the process of confirming that Alabama counsel has received all of the documents they have requested through Maxwell. I should know more by tomorrow or Friday.
Third, you sent one of two DA messages re the Commander's Safety Course. Thank you. I believe the remaining message is HQDA WASHINGTON DC//DAMO-TRZ//1512242 AUG 02//SAB. Fourth, you have sent the METL information for the 151st Army Band, Alabama ARNG. Based on this, and your statement that the Air Guard has METL and YTG documents, I have modified the message below to account for outstanding METL and YTG documents.
Please copy Ms. Fahmy (copied above) in your response to this email. Thank you again, Alan
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Mickle, Douglas ICIV)
From: Sent: To: Cc: Subject: Attachments: [email protected] Monday, March 21, 2005 4:55 PM Mickle, Douglas (CIV); [email protected] Christopher. [email protected]; [email protected]; [email protected] Discovery Matters (UNCLASSIFIED) & PO tmp.htm
tmp.htm (16 KB)
Unfortunately I left the CD at home so I will have to get back to you tomorrow on the Yearly Training Guidance materials.
We should probably also talk about the ATRRS materials produced by Steinway. I don't know if you have had a chance to !ook at it, but, in comparing it with my notes on the previous ATRRS materials, I am not sure this breaks out the way Steinway suggested it would. Helen is looking at the draft PO. It contains the provisions Doug mentioned in his email last week, but we will need to discuss details. Helen should complete her review tomorrow and I will send it then.
We are free except for a 4:00pm meeting tomorrow. for you. Thank you, Alan
Let me know if there is a better time
..... Original Message ..... From: Soucie, Christopher P MAJ USALSA [mailto:Christopher. [email protected]] Sent: Monday, March 21, 2005 9:21 AM To: 'Sutton, Alan' Cc: [email protected]; '[email protected]'; 'Brown, Christopher R CPT NGB-JA' Subject: RE: Discovery Matters (UNCLASSIFIED)
Classification: UNCLASSIFIED Caveats: NONE Alan:
Which ones did you not receive? That was intended to be all of the ones that you requested.
Chris
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Christopher P. Soucie Major, U.S. Army
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Litigation Attorney, Litigation Division Military Personnel Branch 901 N. Stuart St., Ste, 400 Arlington, VA 22203-1837 Tel: 703-696-1626 Fax: 703-696-8126 Christopher. [email protected]
..... Original Message ..... From: Sutton, Alan [mailto:[email protected]] Sent: Friday, March 18, 2005 6:30 PM To: Soucie, Christopher P MAJ USALSA Cc: Christopher. [email protected]; '[email protected]' Subject: RE: Discovery Matters (UNCLASSIFIED)
Chris - I received the CD. However, it does not appear to contain all YTGs for all states. Is it supposed to or is there another on the way?
..... Original Message ..... From: Soucie, Christopher P MAJ USALSA [mailto:Christopher. [email protected]] Sent: Friday, March 18, 2005 4:00 PM To: [email protected] Cc: Christopher. [email protected]; Soucie, Christopher P MAJ USALSA; '[email protected]' Subject: RE: Discovery Matters (UNCLASSIFIED) Classification: Caveats: NONE
Alan: Please email me when you receive the CD today with the remaining discovery information. Also, regarding the gathering of records, we also need the following information to expedite the process (more important for courses taken prior to 1991):
UNCLASSIFIED
courses - timeframe of when they took/completed the course - ideally, ask the students for a completion notice 2
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Hope this helps. Chris
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Christopher P. Soucie Major, U.S. Army Litigation Attorney, Litigation Division Military Personnel Branch 901 N. Stuart St., Ste, 400 Arlington, VA 22203-1837 Tel: 703-696-1626 Fax: 703-696-8126 Christopher. [email protected] CONFIDENTIALITY NOTICE The information contained in this e-mail and any accompanying attachments constitute confidential information which may be legally privileged. This information is the property of the U.S. Government. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you received this e-mail in error, please notify us immediately by return e-mail or by calling (703) 696-2515.
..... Original Message ..... From: [email protected] [ mailto:[email protected]
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Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE
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DA 077
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