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

Case 1:90-cv-00162-LJB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

STEPHEN ADAMS, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

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Case No. 90-162-C and Consolidated Cases (Judge Lynn J. Bush)

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DECLARATION OF JULES BERNSTEIN Jules Bernstein, declares pursuant to the provisions of 28 U.S.C. § 1746, as follows: 1. I am a member of the bar of this Court and am counsel of record in the above-

captioned consolidated actions. I am fully familiar with the proceedings and pleadings herein. 2. On May 30, 2008, plaintiffs served upon defendant Plaintiffs' Forty-Second Request

for Production of Documents, a copy of which is attached hereto as Bernstein Exhibit 1. 3. On June 27, 2008, defendant served upon undersigned counsel Defendant's Response

to Plaintiffs' Forty-Second Request for Production of Documents in which defendant objected to plaintiffs' document request "upon the grounds [inter alia], that the documents are irrelevant and not reasonably calculated to lead to the discovery of admissible evidence." Defendant's Response, p. 1.1/ 4. On July 14, 2008, undersigned counsel discussed with counsel for defendant, Shalom

Brilliant, compliance by defendant with the attached production request in a good faith effort to resolve the parties differences involving such production as required under RCFC 37(a)(2)(A) and

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Defendant's Response is attached hereto as Bernstein Exhibit 2.

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(B). However, the parties failed to resolve any of their differences regarding such production, and on July 15, 2008, Mr. Brilliant advised the undersigned by e-mail that defendant would not produce the requested documents. 5. Accordingly, counsel for plaintiffs advised counsel for defendant that plaintiffs would

file the instant motion to compel. I, Jules Bernstein, declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on July 31, 2008

s/Jules Bernstein JULES BERNSTEIN

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