Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:07-cv-00790-ECH

Document 14-4

Filed 07/31/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ZORAIDA GONZALEZ, et al., Plaintiffs, v. THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) ) ) )

Case No. 07-790C (Judge Emily C. Hewitt)

DECLARATION OF JULES BERNSTEIN Jules Bernstein, declares pursuant to the provisions of 28 U.S.C. § 1746, as follows: 1. 2. I am counsel of record in the above-captioned case. A purpose of this lawsuit was to obtain FLSA non-exempt status for the plaintiffs.

Defendant has converted the plaintiffs to FLSA non-exempt status. 3. On June 16, 2008, under RCFC 30(b)(6) I noticed the deposition of a representative

of the Drug Enforcement Administration ("DEA"). The subject of the deposition was to be as follows: 1. The customs, practices, policies, instructions, guidelines, rules, laws and regulations in effect and as applied at and by DEA relating to the driving of government vehicles between home and work by occupational code 1801 Diversion Investigators employed by DEA commencing 2003 to date. 4. Thereafter, on July 17, 2008, I deposed Gary L. Boggs, who was designated by

defendant as its RCFC 30(b)(6) witness. The deposition transcript of witness Boggs appears as Plaintiffs' Appendix Exhibit 17. 5. With respect to the documents referred to in Plaintiffs' Appendix as Plaintiffs'

Exhibits 5 through 18 I affirm that they are true and correct copies of the originals or copies thereof.

Case 1:07-cv-00790-ECH

Document 14-4

Filed 07/31/2008

Page 2 of 2

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

-2-