Free Notice (Other) - District Court of Federal Claims - federal

Case 1:03-cv-00289-FMA

Document 132

Filed 12/22/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED MEDICAL SUPPLY COMPANY, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 03-289C (Judge Allegra)

DEFENDANT'S NOTICE OF FILING PURSUANT TO AUGUST 24, 2006 ORDER Defendant, the United States, respectfully submits (and hereby electronically serves upon plaintiff) the attached copies of the communications the Government has located in response to ordering paragraph 1(c)(i) of the order dated August 24, 2006. The Department of Justice ("DOJ") located more communications in response to the August 24 order than did the Department of Defense, principally because, in addition to documents which were retained by the individuals involved in this case, DOJ possesses archive tapes of employee e-mails, which were retained as potentially relevant to other litigation. DOJ engaged contractors to reconstitute and search those tapes for responsive communications, at considerable expense. In some instances, when one vendor failed to retrieve data, a second vendor succeeded. The archived DOJ e-mails date back to approximately January 2002, although tapes could not be located for every month since that date. In addition, beginning in approximately July 2005, the data are stored in a new format (known as "LTO2"), which our contractors have, to date, not succeeding in restoring to searchable form. We have attached a spreadsheet showing the availability of archived DOJ e-mails for each month during the time period relevant to the case. ("Not provided by OPMO" indicates that DOJ's Office of Personnel Management Operations could not locate a given tape.)

Case 1:03-cv-00289-FMA

Document 132

Filed 12/22/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director

OF COUNSEL: KATHLEEN HALLAM Chief Trial Attorney Defense Supply Center Philadelphia

s/Kyle Chadwick KYLE CHADWICK Senior Trial Counsel Commercial Litigation Branch Department of Justice Attn: Classification, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant

December 22, 2006

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Case 1:03-cv-00289-FMA

Document 132

Filed 12/22/2006

Page 3 of 3

CERTIFICATE OF FILING I certify that on December 22, 2006, the attached was filed electronically. I understand that service is complete upon filing and parties and others may access this filing through the Court's electronic system.

s/Kyle Chadwick

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