Free Cross Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:06-cv-00113-MBH

Document 39-3

Filed 06/15/2007

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) OAK ENVIRONMENTAL CONSULTANTS, INC.,) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) ____________________________________)

Civil Action No. 06-113C (Judge Horn)

APPENDIX TO PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

Michael H. Payne, Esquire Payne Hackenbracht & Sullivan 220 Commerce Drive, Suite 100 Ft. Washington, PA 19034 Tel: 215-542-2777 Fax: 215-542-2779 E-mail: [email protected]

Date: June 15, 2007

Attorney for Oak Environmental Consultants, Inc.

Case 1:06-cv-00113-MBH

Document 39-3 ~

Filed 06/15/2007

Page 2 of 5
1

1

UNITED STATES COURT OF FEDERAL CLAIMS IN
WASHINGTON, D. C .

2

3

4 OAK ENVIRONMENTAL

6 Plaintiff
7

5 CONSULTANTS, INC.

-vs-

CASE NO. 06-114C

8 UNITED STATES OF AMERICA:

9 Defendant
10
11

12 Deposi tion of MICHAEL ZANOLI, a 13 wi tnes s herein, taken by the Plain tiff as upon
14 cross examination and pursuant to the Applicable

15 Rules of Civil Procedure as to the time and place 16 and stipulations hereinafter set forth, at the
17 offices of Britton & Associates, 124 E. Third
18 Street, Suite 400, Dayton, Ohio at 11:00 a.m. on

19 Thursday, May 10, 2007, before Paula A. Blosser, 20 RPR and Notary Public within and for the State of 21 Ohio.
22

23
24
* * * *

*

*

25

WW.BRITTONANASSOCIATES.COM DAYTON - (937) 228-3370 CINCINNATI - (513) 651-3370

Case 1:06-cv-00113-MBH

Document 39-3

Filed 06/15/2007

Page 3 of 5

23

1 a year?
2

A.
Q.

Yes.

3
4

A.
Q.

Correct? Correct.
How did you determine the length of

5

6 time of the suspension?
7

A.

I do not recall how I came up with the

8 date May 1, 2004, why that date.
9

Q.

Had you ever done a suspension of work

10 order before?
11
12

A.
Q.

I don't recall if I have or haven't.

Did you speak to anyone about the time

13 of the suspension that you should put in this

14 letter?
15
A.

I may have, I don't know.

I just

don't

16 recall.
17
Q.

Did you believe at the time that you

18 issued the suspension letter that the work would
19 resume after May 1, 2004?
20
A.

In my mind at the time we were still

21 wai ting for the formal letter request from the
22 Commander Atlantic Fleet to terminate the contract

23 so there was a slight possibility in my mind that 24 the work could go on absent that official request.
25
Q.

So would it be correct to say that in

WW.BRITTONANASSOCIATES.COM DAYTON - (937) 228-3370 CINCINNATI - (513) 651-3370

Case 1:06-cv-00113-MBH

Document 39-3

Filed 06/15/2007

1 Page 4 of 5

1 2

IN THE UNITED STATES COURT OF
FE DERAL CLAIMS

3
4

No: 06-113C

Deposition

5 6
7 8 9

OAK ENVIRONMENTAL CONSULTANTS, INC.

vs.
THE UNITED STATES
(JUDGE HORN)

DEPOSITION OF DENISE ABRAHAM, taken

10 11
12

pursuant to the applicable provisions of the Rules

of the United States Court of Federal Claims on
behalf of the Plaintiff, before Salvina S. Ferreira,

13
14

Certified and Registered Professional Reporter and a
Notary Public in and for the State of Rhode Island,
at the Naval Station Newport, One Simonpietri Drive,

15 16
17 18

Newport, RI, commencing at 2:10 P.M., on Thursday,

March 8, 2007, pursuant to Notice and agreement of

parties as to the date and time of taking said

19

deposition.
* * * * *

20 21 22 23
24
LEDGEWOOD COURT REPORTING

23 Last Street

Tiverton, RI 02878
(401) 625-5455

Ledgewood Court Reporting (401) 625-5455

Case 1:06-cv-00113-MBH

Document 39-3 "

Filed 06/15/2007

Page 57of 5 5

1

that.

"In order to stop the work, EFANE --

2 3
4

E-F-A-N-E -- would like to have an activity/regional request so they can notify the contractor and reduce
the inconvenience to him as soon as possible." What does that mean reduce the
inconvenience to the contractor?
MR. SCHROEDER:
Q

5
6
7 8

I'm going to obj ect.

If you know.

9

A
Q

I'm not sure what that means.

10 11 12

Okay.

Do you recall receiving any instruction that

if YDU suspended a contractor for a definite period of time that that would save the Government money in
terms of having to pay overhead costs?
A

13
14

My understanding is that if it's suspended for a
definite period of time there are limited costs that

15 16
17
18
Q

the contractor iS then entitled to.
And what about if it's for an indefinite period?
I believe there are more costs that that opens up
A

19

to.
Q

20

So as a matter of policy in your office in Newport is that why when you issue suspensions it's for a
definite period of time?

21
22

23
24

A

Yes.

MR. PAYNE: Okay. No further questions.

Ledgewood Court Reporting

(401) 625-5455