Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00746-SGB

Document 30

Filed 09/20/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ENVIRONMENTAL TECTONICS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-746C (Judge Susan G. Braden)

DEFENDANT'S STATUS REPORT Defendant, the United States, provides the following status report regarding the parties' discovery disputes. This report has been reviewed by counsel for the plaintiff, Environmental Tectonics Corporation ("ETC"), and he has indicated that he has no objection to the filing of this report. On September 13, 2006, the parties met to discuss the points counsel for ETC raised in its "bullet points" memorandum that the Court requested that ETC prepare. As the result of those discussions, the Government agreed to provide ETC with emails for Duncan McLean, Jack Maison, and Leonard Whitlock ---- three of the individuals who were identified on ETC's list of 165 email accounts that ETC requested. In addition, the Government agreed to provide the emails from the account of Ed Lancaster, an Oceaneering employee who was not identified on ETC's list. Moreover, at the meeting, the Government provided ETC with copies of three slides from a Power Point Presentation referred to in document NAV0074233, identified by ETC in bullet B. Finally, while the Government was unable to locate the document identified by a sixdigit number in ETC's bullet D, the Government agreed to attempt to locate it if ETC's counsel provided the Government with its seven-digit identifying number.

Case 1:05-cv-00746-SGB

Document 30

Filed 09/20/2006

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ETC withdrew its demand for documents unrelated to the design and manufacture of the decompression chambers. Based upon the Government's representation that all non-privileged documents responsive to ETC's requests that relate to the design and manufacture of the decompression chambers had been produced, ETC will withdraw its Motion to Compel. In addition, ETC agreed to the Government's demand that ETC re-scan and image its documents at a higher dpi than had previously been used, in order to increase their legibility. Based upon ETC's estimate of the cost being between $6,000 and $7,000, the Government agreed to bear half of those costs. Finally, ETC agreed to turn over all of the financial records that the Government had requested, and to assist Robert Peterson, the Government's financial expert, in his analyses of those records. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

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Case 1:05-cv-00746-SGB

Document 30

Filed 09/20/2006

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OF COUNSEL: DAVID L. KOMAN Senior Trial Attorney Navy Litigation Office Office of the General Counsel 720 Kennon Street, S.E., Bldg. 36, RM 233 Washington Navy Yard, DC 20374-5013 (202) 685-6984 (202) 685-7036 (Fax)

s/ Leslie Cayer Ohta LESLIE CAYER OHTA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 (202) 307-0252 (202) 307-0972 (Fax) Attorneys for Defendant

September 20, 2006

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