Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:07-cv-00790-ECH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ZORAIDA GONZALEZ, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-790C (Judge Hewitt)

DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT Pursuant to Rule 56(h)(1) of the rules of this Court, defendant, the United States, respectfully submits these proposed findings of uncontroverted fact: 1. During the times relevant to this motion and plaintiffs' motion, plaintiffs were

employed by the Drug Enforcement Administration ("DEA") as Diversion Investigators. Complaint ¶ 1. 2. The role of the Diversion Investigator is to investigate suspected sources of

diversion of controlled pharmaceuticals and regulated chemicals from the legitimate channels in which they are manufactured, distributed and dispensed, and to initiate appropriate administrative, civil and/or criminal action against them. Pl. App. 159.1 3. When DEA assigns Government vehicles to Diversion Investigators for

commuting between home and work, the basis for doing so is that such transportation is "required for the performance of field work " within the meaning of 31 U.S.C. § 1344(a)(2)(A). Pl. App. 184, 207. 4. To obtain authorization to utilize a Government vehicle upon this basis, a

Diversion Investigator must submit a DEA Form 349-C, Pl. App. 183, containing a certification that this utilization "is necessary to conduct field work which requires travel directly between

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"Pl. App." refers to the appendix to plaintiffs' motion for partial summary judgment.

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my residence and a distant location other than my official duty station." See, e.g., Pl. App. 1. No representation is required concerning any need to drive the vehicle during the course of the field work, or any need to be at more than one field work location during any given work day. Id. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/Todd M. Hughes TODD M. HUGHES Deputy Director Filed electronically OF COUNSEL: Michael J. Dierberg William P. Rayel Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 616-8275 Facsimile: (202) 305-7643 Attorneys for Defendant September 9, 2008

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CERTIFICATE OF SERVICE

I hereby certify that on the 9th day of September 2008, a copy of the foregoing "DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Shalom Brilliant