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

Case 1:03-cv-00289-FMA

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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 ADDITIONAL AFFIDAVIT Pursuant to the Court's orders, and as discussed at the hearing on August 22, 2006, defendant, the United States, respectfully submits the attached affidavit of Angela Casey concerning the disposition and status of potentially relevant documents at Kirtland Air Force Base in New Mexico, which was inadvertently omitted from the list of facilities from which we obtained affidavits in July 2006. Ms. Casey states, among other things, that Kirtland located 22 boxes of responsive vendor records dating back to 1998, and that the facility did not use blanket purchase agreements during the contract term. This affidavit was forwarded to counsel for plaintiff via e-mail on August 21, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

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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

August 25, 2006

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CERTIFICATE OF FILING I certify that on August 25, 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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COURT FEDERALCLAIMS OF UNITEDMEDICAL SUPPLY COMPANY, INC., Plaintiff, CaseNo. 03-CV-289 JudgeAIlegra THE UNITEDSTATES, Defendant.

AFFIDAVIT OF ANGELA CASEY 1. Myname MSgt is AngelaCasey.I amover the ageof 21 years andfully competent make to this affidavit. Unless otherwisestated, all statements made herein are based mypersonal on knowledge. 2. I amthe Noncommissioned Officer In Charge (NCOIC) the MedicalLogistics Flight, 377 of MDSS/SGSL, Kirtland Air ForceBaseClinic in New at the Mexico.I havebeenin this position since September 04. 3. I first became aware the claim filed by UnitedMedical or about4 August of on 2006,when I was informed it by an Air Forceattorney.Asfar as I know, oneat the Kirtland clinic was of no aware the claim filed by UnitedMedical of beforethat time. I believethat thoseabove below and mein mychain of command supervision the Kirtland clinic first became or at aware the claim of filed by UnitedMedicalon or about4 August 2006,when they wereinformed it by an Air Force of attorney. 4. In response becoming to aware the claim on 4 August of 2006,I did a searchof our records.1 foundin our recordsstaging area22 boxes purchase of records,whichinclude IMPAC credit card receipts and other vendorlogs dating from 1998through2001. We not use BlanketPurchase do Agreements (BPAs) this facility andI do not believe anyBPAs usedduring that time. at were 5. I first became aware the lawsuit filed by UnitedMedicalon or about4 August of 2006,when an Air Forceattorneyinformed of it. Asfar as I know, oneat the Kirtland clinic wasaware me no of the lawsuit filed by UnitedMedical prior to then. t believethat thoseabove belowme my and in chainof commandsupervision the Kirtland clinic first became or at aware the lawsuit filed by of UnitedMedicalon or about 4 August 2006,when they wereinformedof it by an Air Force attorney. 6. In response becoming to aware the lawsuit on 4 August of 2006,I did a searchof our records. I found in our recordsstaging area 22 boxes purchase of records, whichinclude IMPAC credit card receipts andother vendorlogs dating from 1998 through2001. These werestored in the Kirtland clinic warehouse.instructedmystaff to prepare I theseboxes shippingto the for Department Justice addressprovidedby the Air Forceattorney. These of materials wereshipped on 7 August2006. 7. Sincefirst beingnotified of the litigation on4 August 2006,I havereceived guidance Air from Forceattorneysto preserve,safeguard ship theserecordsto the Department Justice. The and of recordswereshippedfrom this baseon 7 August 2006. 8. All medicalpurchase recordsthat the Kirtland Clinic hasfrom1998through2001 were prepared shipped the Department Justice. Approximately yearsago, the Kirtland and to of 2 clinic replacedits MedLog computer system. electronic recordscontained that old system All in

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weredestroyed.Theretention policy wouldhavebeenthe same for hard copies; however, as the electronic recordsshould have not contained additional or different information any that the hard recordsthat werepreserved shipped the Department Justice. and to of 9. Since I arrived here in September 2004,I haveno knowledge any medicalpurchase of of recordsbeingdestroyed fromthe Kirtland clinic, asidefromthe electronic recordsmentioned in paragraph above.If other recordsweredestroyed,they wouldhavebeen 8 turned in to the Base Records Management Office for destruction. Althoughwehavenot turned anyrecords over to that office, I am told by that office that their currentmethod destroying of records the pastfive for or six yearshasbeento bury them with an environmentally safe biodegrading chemical agent. Thatoffice tells me that prior to that time their standard procedure to burnrecords.But, was since I havebeenat Kirtland AFB,no medicalpurchase recordshavebeensent to that department. havespoken I with mystaff and they haveno knowledge anyrecordsbeing sent of to the Records Management Office or otherwisebeing destroyed disposeof. or 10. Mymedical logistics organization's standard recordretention/destruction policy is to retain all recordsfor 6 yearsand3 months after the purchase date, then follow the instructions according to AFI 41-209Ch. 3.39.2. However, purchase recordswouldbe savedand not destroyedon schedule myorganization if becomes of a potential claim or filed lawsuit. aware

Subscribed Sworn beforemethis the 7~h dayof August,2006. and to

NOTARY PUB~'C My Commission Expires: 31 May 2009