Free Disclosure Statement - Rule 7.1 - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
MASS HAULING CORPORATION, Plaintiff v. UNITED STATES of AMERICA DEPARTMENT OF VETERAN'S AFFAIRS, Defendant RULE 26(a)(1) PRETRIAL DISCLOSURE OF THE PLAINTIFF, MASS HAULING CORPORATION Pursuant to F.Ct.Cl.R.Civ.P. 26(a)(1), Plaintiff, Mass Hauling Corporation (hereinafter "Mass Hauling"), hereby make the following pretrial disclosures identifying (i) witnesses who Plaintiff expects to present, (ii) the testimony to be presented by means of deposition, and (iii) the documentary exhibits which Plaintiff expects to offer in evidence at trial. Plaintiff reserves the right to supplement any of these disclosures in response to Defemdant's disclosures and its case-in-chief. I. Plaintiffs' Witnesses A. 1. Witnesses Expected To Be Presented Daniel Murphy, President Mass Hauling Corporation 200 Libbey Industrial Parkway Weymouth, Massachusetts 02189 Bill Hollis Mass Hauling Corporation 200 Libbey Industrial Parkway Weymouth, Massachusetts 02189 Felicia Morales Department of Veterans Affairs 150 South Huntington Avenue Boston, Massachusetts 02130 Docket No. 07-76C (Judge Baskir)

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4.

Norbert J. Cebula, Contracting Officer Department of Veterans Affairs 150 South Huntington Avenue Boston, Massachusetts 02130 Robert Fuller Department of Veterans Affairs 150 South Huntington Avenue Boston, Massachusetts 02130 DBI Waste Systems, Inc. Everett, Massachusetts

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II.

Plaintiff's Documentary Exhibits

Plaintiff expects to offer in evidence the following documents. A. Date 1. 2. 10/04/2006 08/20/2007 Correspondence Item Correspondence Correspondence ­ Termination for Convenience Correspondence From Mass Hauling's Counsel Dept Veternas Affairs To

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3/12/2004

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03/11/2004 03/11/2004 12/5/2003 11/24/2003

Correspondence Fax (2 pages) Correspondence Correspondence

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04/23/2004

Correspondence

Phillip Anderson, Esq., Department of Veterans Affairs Daniel Murphy, Mass Hauling Corporation Department of Veterans Affiars Robert Fuller, Department of Veteran's Affairs Norbert Cebulus, Contracting Officer, Department of Veterans Affairsr Norbert Cebula, Contracting Officer, Department of Veteran's Affairs

VA -Boston Mass Hauling Corporation (never received by Mass Hauling Corporation only its counsel) Anthony Gamboa, Counsel, GAO

Department of Veteran's Affairs

DBI Waste Systems Price Evaluation

Daniel Murpy, Mass Hauling

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Date 9. 11/26/2003

Item Bid Results

From Norbert Cebula, Contracting Officer, Department of Veteran's Affiars Phillip Anderson, Esq., Department of Veteran's Affairs Norbert Cebula, Contracting Officers, Department of Veteran's Affairs Norbert Cebula, Contracting Officers, Department of Veteran's Affairs

To

10. 02/09/2004

Correspondence

Anthony Gamboa, Esq., GAO

11. 02/02/2004

Memorandum

12. 02/04/2004

Fax

Merile Rosenberg, Department of Veteran's Affairs

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Miscellaneous Documents

1. Decision of GAO dated December 10, 2003. 2. Confirmation Report Requirement dated January 8, 2004 from GAO 3. Decision of GAO dated March 25, 2004 4. Request of D.B.I. Waste Systems, inc. for Reconsideration of Dismissal of Bid Protest. 5. Bid Award with associated bid documents dated November 24, 2003. 6. Bid of Mass Hauling. 7. Acknowledgement of Protest from GAO dated January 8, 2004. 8. Confirmation of Report Requirement from GAO dated January 8, 2004. 9. Sign in sheet for Bid opening. 10. Blank bid form with associated rules, regulations and documents. 11. Bid of DBI dated September 20, 2003. 12. Comments of D.B.I. Waste Systems, Inc. on Response of Department of Veteran's Affairs. 13. Affidavit of Mario Prezioso dated February 25, 2004. 14. Statement of Contracting Officer dated March 12, 2004 (with attached reference to Marie Rosenberg, Department of Veteran's Affairs.

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15. Response of D.B.I. Waste Systems, Inc. to the Department of Veteran's Affairs "March 12, 2004" Submission. 16. Regulations regarding the Opening of Bids and Award of Contract. 17. Entire Administrative Record. III. Damage Computation Mass Hauling Corporation calculates its damages as set forth in the correspondence dated October 4, 2006 to Norbert Cebula, Contracting Officer, Department of Veterans Affairs. The Plaintiff, Mass Hauling Corporation calculates its damages at $48,998 per year for the 5 year contract with a total lost profit or basis of the bargain of $244,990.00. Respectfully submitted, MASS HAULING CORPORATION By its attorneys, _____/s/ Carlo Cellai, Esq.______________ Carlo Cellai, Esq. Cellai Law Offices, P.C. 355 Congress Street, Suite 2B Boston, MA 02210 (617) 367-2199 CERTIFICATE OF SERVICE I, Carlo Cellai, Esq., hereby certify that I served a true copy of the foregoing document upon David Hibbey, Esq., Commercial Litigation Branch, Civil Division, Department of Justice, 1100 L Street, N.W., Attn: Classification Unit, 8th Floor, Washington, DC 20530 electronically this 15th day of November, 2007. ____/s/ Carlo Cellai, Esq.___

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