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

Case 1:05-cv-00296-FMA

Document 68-2

Filed 12/29/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

GRAPEVINE IMPORTS, LTD., and
T -TECH, INC., as Tax Matters Partner

§

§ § § § § § §

Plaintiffs,
v.

NO. OS-296T (Judge Allegra)

UNITED STATES OF AMERICA, Defendant.
DE

§ §

CLARA TION OF GROVER HARTT. III

I, Grover Hartt, II, pursuant to the provisions of28 U.S.c. § 1746, declare the following:

1. My name is Grover Hartt, II. I am over 21 years of age and am qualified by law to
make this declaration. I have personal knowledge of the facts set forth in this declaration.
2. I am the attorney of record for the defendant United States of America in this case. In
that capacity, I have in my possession the defendant's files containing the correspondence,

pleadings, discovery responses, and other documents prepared in connection with the litigation of
this case.

3. Attached hereto as Exhibit A is a true and correct copy of the second of two letters I sent to Mr. Todd Welty, counsel for plaintiffs, on December 13, 2006.
4. Attached hereto as Exhibit B is a true and correct copy of

the United States' Response

to Plaintiffs' Second Request for Production which was served on plaintiffs via courier on
December 22, 2006.

5. On December 13, 2006, I participated in a telephone conversation with Mr. Welty

during which we discussed the United States' view that plaintiffs' second request for production

was moot by virtue of our withdrawal of Cheryl Kiger as an expert witness. Mr. Welty

Case 1:05-cv-00296-FMA

Document 68-2

Filed 12/29/2006

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disagreed. I indicated that we would begin preparing an index of the documents we believed to
be privileged.

I declare under penalty of perjury that the foregoing statements are true and correct.

Executed this 29th day of December, 2006.

'GROVER HARTT, II

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