Free Motion to Compel - District Court of Federal Claims - federal

Case 1:05-cv-00956-CCM

Document 28-3

Filed 07/31/2006

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS DAVID S. LITMAN and MALIA A. LITMAN, Plaintiffs-Counterdefendants, V. THE UNITED STATES, Defendant-Counterplaintiff.
_________________________________________________________

ROBERT B. DIENER and MICHELLE S. DIENER, Plaintiffs-Counterdefendants, V. THE UNITED STATES, Defendant-Counterplaintiff.
_________________________________________________________

HOTELS.COM, INC. and Subsidiaries (f/k/a HOTEL RESERVATIONS NETWORK, INC.), Plaintiffs, THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 05-956T

No. 05-971T

No. 06-285T (Judge Christine O.C. Miller)

TMF LIQUIDATING TRUST'S RESPONSES AND OBJECTIONS TO HOTELS.COM'S SUBPOENA TO: Kari M. Larson, Latham & Watkins L.L.P., 555 Eleventh Street N.W., Suite 1000, Washington, DC 20004-1304 TMF Liquidating Trust ("TMF") responds to Hotels.com's Subpoena dated May 24, 2006 ("the Subpoena") pursuant to Rule 45 of the Rules of the United States Court of Federal Claims as follows:

HOU01:975152.2

Exhibit B Page1

Case 1:05-cv-00956-CCM

Document 28-3

Filed 07/31/2006

Page 2 of 4

TMF objects to the Subpoena as it purports to require production of documents by a non-party in this case in Washington D.C., which is more than 100 miles from the place where TMF conducts business, which is Dallas, Texas. Response to Requests for Production Nos. 1 - 10: TMF objects to Requests 1 ­ 10 as vague, overbroad, immaterial, irrelevant, not reasonably calculated to result in the discovery of admissible evidence, and unduly burdensome. TMF also objects to Requests 1 ­ 10 to the extent they purport to require production of documents protected by the attorney client privilege and/or tax-practitioner's privilege. Subject to and without waiving these objections, TMF states that documents responsive to Requests 1 - 10 will be produced to Hotels.com by Brian Lidji, Bates-labeled LIDJI00001 LIDJI03713, in response to the subpoena issued to him by Hotels.com, and were previously produced by the Litmans and Dieners in their Responses to the United States' First Requests for Production of Documents in this case, Bates-labeled LD00001 - LD06017, which have been previously produced to Hotels.com in this case. Additional responsive documents, protected by the attorney client privilege and/or tax-practitioner's privilege, are listed in the privilege log accompanying Mr. Lidji's responses. Response to Request for Production No. 11: TMF objects to this Request as overbroad, immaterial, irrelevant, not reasonably calculated to result in the discovery of admissible evidence, and unduly burdensome.

HOU01:975152.2

2

Exhibit B Page2

Case 1:05-cv-00956-CCM

Document 28-3

Filed 07/31/2006

Page 3 of 4

Respectfully submitted, BAKER BOTTS L.L.P. Dated: June 6, 2006 By: s/ John W. Porter John W. Porter Attorney of Record BAKER BOTTS, L.L.P. 3000 One Shell Plaza 910 Louisiana Houston, Texas 77002 (713) 229-1597 (713) 229-1522 (FAX) Stephanie Loomis-Price (Of Counsel) J. Graham Kenney (Of Counsel) ATTORNEYS FOR PLAINTIFFSCOUNTERDEFENDANTS, DAVID S. LITMAN, MALIA A. LITMAN, ROBERT B. DIENER, AND MICHELLE S. DIENER

ON BEHALF OF DAVID S. LITMAN AND ROBERT B. DIENER FOR TMF LIQUIDATING TRUST

HOU01:975152.2

3

Exhibit B Page3

Case 1:05-cv-00956-CCM

Document 28-3

Filed 07/31/2006

Page 4 of 4

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was sent by Electronic Mail and Federal Express, this 6th day of June, 2006, to Cory A. Johnson, Tax Division, United States Department of Justice, 555 4th Street N.W., Judiciary Center Building, Washington, DC 20530 and Kari M. Larson, Latham & Watkins, L.L.P., 555 Eleventh Street N.W., Suite 1000, Washington, D.C. 20004-1304. s/ J. Graham Kenney J. Graham Kenney

HOU01:975152.2

4

Exhibit B Page4