Free Witness List - District Court of Federal Claims - federal

Case 1:06-cv-00167-TCW

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Filed 07/31/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ___________________________________ ) OTAY MESA PROPERTY, L.P., et al., No. 06-167 L (and consolidated cases) Hon. Thomas C. Wheeler Electronically Filed July 31, 2008

DEFENDANT'S THIRD AMENDED INITIAL DISCLOSURE OF WITNESSES 1. Brad Beales Patrol Agent U.S. Customs and Border Protection Brown Field Station 7560 Britannia Court San Diego, California 92154 (619) 661-3141 Will testify concerning all matters related to Border Patrol operations on and near the subject property. Also has specific knowledge concerning a temporary hut that the Border Patrol erected on one of the parcels at issue from the late 1990's until April 2004 when the hut was removed. He may also testify to any and all matters addressed in his deposition. 2. David Brown, Retired Formerly U.S. Customs and Border Protection, Patrol Agent (Current address being determined; please contact through undersigned counsel) Will testify concerning all matters related to Border Patrol operations on and near the subject property. Also has specific knowledge concerning a November 2006 Training Exercise. He may also testify to any and all matters addressed in his deposition. 3. Mark Riccio Imagery Analyst 1

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National Geospatial-Intelligence Agency ("NGA") 4600 Sangamore Rd Bethesda, MD 20816 Will testify as an expert to interpret aerial photographs taken of the subject properties and surrounding area. He may also testify to any and all matters discussed during his deposition if one is taken. 4. James Dee Patrol Agent U.S. Customs and Border Protection Brown Field Station 7560 Britannia Court San Diego, California 92154 (619) 661-3141 Will testify concerning all matters related to Border Patrol operations on and near the subject properties. He may also testify to any and all matters discussed during his deposition. 5. Michael Diaz Patrol Agent U.S. Customs and Border Protection 311 Athey Avenue San Ysidro, CA 92173 619-662-7233 Will testify concerning all matters related to Border Patrol operations on and near the subject property. Also has specific knowledge concerning a contact with David Wick. He may also testify to any and all matters discussed at his deposition. 6. Michael J. Fisher Chief Patrol Agent San Diego Sector Office 2411 Boswell Road Chula Vista, CA 91914 619-216-4000 Will testify concerning all matters related to Border Patrol operations on and near the subject property. He may also testify to any and all matters discussed at his deposition if one is taken. 7. Janel Frith Intelligence Research Specialist 2

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U.S. Customs and Border Protection San Diego Sector Office 2411 Boswell Road Chula Vista, CA 91914 619-216-4000 Will testify concerning all matters related to Border Patrol operations on and near the subject property. She also has specific knowledge the statistical data of apprehensions of illegal aliens on and in the vicinity of the subject property. She may also testify to any and all matters addressed in her deposition if one is taken. 8. Joseph A. Granata Facilities Management Officer U.S. Customs and Border Protection 7684 Pogo Row San Diego, California 92154 (619) 690-7730 Will testify concerning all matters related to Border Patrol operations on and near the subject property. Also has specific knowledge pertaining to the construction of, and current plans to complete, the 14-Mile San Diego Border Fence a/k/a the Border Infrastructure System or "BIS." He may also testify to any and all matters addressed in his deposition. 9. Darryl E. Griffen, Retired Formerly U.S. Customs and Border Protection (Contact through counsel for Defendant) Will testify concerning all matters related to Border Patrol operations on and near the subject property. He may also testify to any and all matters addressed in his deposition. 10. Michael D. Hance, Rehired Annuitant U.S. Customs and Border Protection (Contact through counsel for Defendant) Will testify concerning all matters related to past and present Border Patrol operations on and near the subject property. Also has specific knowledge concerning the acquisition of aerial photographs for purposes of this litigation. He may also testify to any and all matters addressed in his deposition. 11. Andy Jones, Retired Formerly U.S. customs and Border Protection (Contact through counsel for Defendant)

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Will testify concerning all matters related to past Border Patrol operations on and near the subject property. He may also testify to any and all matters addressed in his deposition if one is taken. 12. Steven P. Kean U.S. Customs and Border Protection San Diego Sector Office 2411 Boswell Road Chula Vista, California 91914-3519 (619) 216-4000 Will testify concerning all matters related to Border Patrol operations on and near the subject property. He may also testify to any and all matters addressed in his deposition. 13. Darren Kerns U.S. Customs and Border Protection 311 Athey Avenue San Ysidro, CA 92173 619-662-7233 Will testify concerning all matters related to Border Patrol operations on and near the subject property. Also has specific knowledge concerning a July 2006 contact with David Wick. He may also testify to any and all matters addressed in his deposition. 14. Gilbertina Paisley U.S. Customs and Border Protection Chula Vista Station 311 Athey Avenue San Ysidro, CA 92173 619-662-7233 Will testify concerning all matters related to Border Patrol operations on and near the subject property. He may also testify to any and all matters discussed at his deposition. 15. Bonifacio Lara U.S. Customs and Border Protection Chula Vista Station 311 Athey Avenue San Ysidro, CA 92173 619-662-7233 Will testify concerning all matters related to Border Patrol operations on and near the subject property. Also has specific knowledge concerning a November 2006 Training Exercise. He may also testify to any and all matters discussed at his deposition. 4

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16.

Daniel Ochoa U.S. Customs and Border Protection San Diego Sector 2411 Boswell Ave San Diego, CA 619-216-4000 Will testify concerning matters relating to data and statistics concerning Border Patrol operations and apprehensions. He may also testify to any and all matters discussed at his deposition.

17.

Joe L. Perez Patrol Agent In Charge U.S. Customs and Border Protection Chula Vista Station 311 Athey Avenue San Ysidro, CA 92173 619-662-7233 Will testify concerning all matters related to Border Patrol operations on and near the subject property. He may also testify to any and all matters discussed at his deposition.

18.

Stephen D. Roach, MAI Jones, Roach & Caringella, Inc. 4669 Murphy Canyon Road, Suite 200 San Diego, CA 92123-4333 858-565-2400 Will testify concerning all matters related to the highest and best use of the subject properties. He may also testify to any and all matters addressed in his deposition if one is taken.

19.

Susan Wynn U.S. Fish & Wildlife Service 6010 Hidden Valley Rd. Carlsbad, CA 92011 760-431-9440 Will testify concerning all matters related to any and all species' concerns and restrictions with respect to the subject properties. He may also testify to any and all matters addressed in her deposition if one is taken.

20.

Curtis Weatherred III Border Patrol Agent 5

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U.S. Customs and Border Protection Brown Field Station 7560 Britannia Court San Diego, California 92154 (619) 661-3141 Will testify concerning all matters related to Border Patrol operations on and near the subject property. Also has knowledge of the seismic sensors that have been placed in the ground on some of the parcels at issue in this litigation. He may also testify to any and all matters addressed in his deposition. 21. Otis Harper U.S. Customs and Border Protection Brown Field Station 7560 Britannia Court San Diego, California 92154 (619) 661-3141 Will testify concerning grading of the subject parcels. He may also testify to any and all matters address in his deposition (if one is taken). 22. Kevin Barnes Former U.S. Customs and Border Patrol Agent Presently employed by the Air Marshal's Service Dallas, Texas (Contact through counsel for Defendant)

Mr. Barnes supervised an ATV unit that worked on the Otay Mesa and he authorized agents working under his supervision to set up a tent for shelter on one of the parcels owned by the plaintiff. He is expected to testify concerning the tent, its location and purpose and when it was set up. He may also testify to any and all matters address in his deposition (if one is taken). Defendant reserves the right to call as witnesses all persons identified by Plaintiffs as witnesses at trial in this matter. Defendant also reserves the right to call any appropriate rebuttal witnesses. Dated: July 31, 2008. Respectfully submitted, RONALD J. TENPAS Assistant Attorney General 6

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Environment & Natural Resources Division

s/ Susan V. Cook, by Lary Cook Larson SUSAN V. COOK, Senior Attorney Natural Resources Section Environment & Natural Resources Division Department of Justice P.O. Box 663 Washington, D.C. 20044 Tele (202) 305-0470 Fax (202) 305-0506 [email protected] Attorney for Defendant 489477.1

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