Free Witness List - District Court of Federal Claims - federal

Case 1:05-cv-01042-CFL

Document 53

Filed 10/22/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE DALLES IRRIGATION DISTRICT, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1042C (Judge Lettow)

DEFENDANT'S WITNESS LIST Pursuant to Rule 16 and Appendix A of the Rules of the United States Court of Federal Claims ("RCFC"), defendant plans to introduce testimony from the witnesses listed below. I. Defendant reserves the right to call any of the Government's witnesses listed in

Plaintiff's Witness List, filed on October 1, 2007, in defendant's case-in-chief and rebuttal. The witnesses which the defendant will produce in-person for the trial, at plaintiff's request, are: 1. 2. 3. 4. 5. 6. 7. 8. Al Bolin Sue Garifo Mark Jones Lisa Kaiser Terrald Kent Karen Miller Ryan Petterson Dennis Stocks

Defendant respectfully requests that the Court permit the following witnesses to testify via telephone, if available: 1. 2. 3. Darryl Beckman John W. Keys, III Bill McDonald

Case 1:05-cv-01042-CFL

Document 53

Filed 10/22/2007

Page 2 of 4

Plaintiff states in its witness list that it will introduce deposition testimony pursuant to RCFC 32 in the event that certain witnesses are not made available at trial by defendant. Defendant reserves the right to demand that plaintiff introduce other portions of those depositions pursuant to RCFC 32(a)(4). Defendant may also introduce other portions of the depositions that plaintiff seeks to admit as evidence. II. Additionally, defendant may call the following witnesses in its case-in-chief and rebuttal: 1. Jerry Dinan Accountant (retired) Bonneville Power Administration Portland, Oregon Time required for direct examination: 2 hours.

Mr. Dinan is generally familiar with the Plaintiff's power rate and the components that 2. David Eberle Ph.D. Public Policy Economist W. David Eberle Consulting Inc. Boise, Idaho Time required for direct examination: 2hours

Mr. Eberle is a public policy economist hired to review the expert report of plaintiff's expert, Carol Opatrny. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

2

Case 1:05-cv-01042-CFL

Document 53

Filed 10/22/2007

Page 3 of 4

OF COUNSEL CLARK MILLER U.S. Department of the Interior Attorney-Advisor Field Solicitor=s Office 960 Broadway Ave., Suite 400 Boise, ID 83706 Tel: (208) 334-1906 Fax: (208) 334-1918

/s/ Armando A. Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-3390 Fax: (202) 514-8624 Attorneys for Defendant

October 22, 2007

3

Case 1:05-cv-01042-CFL

Document 53

Filed 10/22/2007

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 22nd day of October, 2007, a copy of the foregoing ADEFENDANT'S WITNESS LIST@ was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court=s electronic filing system. The parties may access this filing through the Court=s system.

s/ Armando Rodriguez-Feo