Free Motion to Take Deposition - District Court of Federal Claims - federal

Hipp, RogerCase 1:06-cv-00146-TCW (CIV)
From: Sent: To:. Cc:

Document 24-2

Filed 06/03/2007

Page 1 of 2

Robert Banfield [[email protected]] Monday, April 16, 2007 12:10 PM

Hipp, Roger (CIV) 'Thompson, William W.' Subject: Expert Deposition

Mr. Hipp (Roger): We agreed to the Government deposing our retained expert (Dr. Lieblich) prior to issuance of the Court's order unambiguously limiting the extension to the completion of "fact discovery". In the spirit of cooperation and in the hope it will facilitate a settlement, we agree to allow the deposition of Dr. Lieblich to go forward. However, we do so without waiving our right to object at trial in the event the case does not settle beforehand.

Based on the tentative scheduling we discussed on Friday and assuming that you do not seek an extension on grounds o the protest responsibilities you discussed, Dr. Lieblich is available for deposition after lunch on either April 30th or May 1st. I would prefer to leave April 30th open for anything unexpected and have the deposition held on May 1st. Please note that RCFC 26(b)(4) provides for the payment of expert fees. Let me know as soon as possible today whether the protest responsibilities you raised on Friday materialize. Robert Banfield
Peckar, Abramson, Bastianelli & Kelley, LLP

1133 21st Street, NW, Suite 500 Washington, DC 20036 Phone: 202-293-8815 Fax: 202-293-7994 [email protected] www.govconlaw.com
NOTICE: This e-mail message and any attachment to this e-mail message contain confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Peckar, Abramson, Bastianelli & Kelley, LLP.

6/1/2007

Hipp, RogerCase 1:06-cv-00146-TCW (CIV)
From: Sent: Friday, April 20, 2007 10:46 PM Hipp, Roger (CIV) 'Thompson, William W.'

Document 24-2

Filed 06/03/2007

Page 2 of 2

Robert Banfield [[email protected]]

To: Cc: Subject: Expert Deposition Mr. Hipp (Roger):

I am writing to confirm our last conversation late this afternoon, in which I inquired whether you intended to depose our retained expert as previously scheduled for the afternoon of April 30 or May 1. I made this inquiry after receiving your email advising of the Government's cancellation of depositions in Huntsville next week due to protest workload. You advised that at this time you were unable to advise whether you would be able to conduct the deposition on April 30th or May 1. I asked if I should advise Mr. Lieblich that he was free to make other commitments for those days, and you agreed that would be advisable.

Robert Banfield
Peckar, Abramson, Bastianelli & Kelley, LLP

1133 21st Street, NW, Suite 500

Washington, DC 20036 Phone: 202-293-8815 Fax: 202-293-7994 [email protected] www.g0vconlaw.com
NOTICE: This e-mail message and any attachment to this e-mail message contain confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Peckar, Abramson, Bastianelli & Kelley, LLP.

6/1/2007