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

Case 1:04-cv-00856-GWM

Document 149-2

Filed 10/02/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WALTER L. JAYNES, et al., No. 04-856C Plaintiffs, vs. THE UNITED STATES Judge George W. Miller Defendant. DECLARATION OF DONALD B. SCARAMASTRA IN RESPONSE TO GOVERNMENT'S MOTION FOR ENLARGEMENT OF TIME I, Donald B. Scaramastra, aver as follows: 1. I am the attorney of record for the Plaintiffs in this lawsuit. I

am over the age of 18, have personal knowledge of the matters stated in this Declaration and am competent to testify to those matters. 2. During a September 27, 2007 telephone conference regarding

the Government's request for a continuance, I proposed that the parties ask the Court to lift the stay in connection with the grant of a continuance. Mr. Mager said that he would not agree to this proposal. 3. In response, I asked Mr. Mager if the Government was willing to

engage in any discovery while the current summary judgment motions were pending. He responded that the Government opposed discovery that was unnecessary to resolve the current motions. Mr. Mager then suggested that he might be open to exceptions. So I asked whether he would agree to the depositions of various front-line supervisors, something that is necessary to prepare plaintiffs' case. Mr. Mager said he would not agree to this.
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Case 1:04-cv-00856-GWM

Document 149-2

Filed 10/02/2007

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4.

Since the Court set the current briefing schedule in April, the

only progress that has been made regarding discovery is the Government's partial fulfillment of plaintiffs' outstanding discovery requests, as ordered by the Court. Certain problems have emerged that will likely require the Court's guidance. The main issue arises from the fact that the Government produced, in the words of Shipyard counsel Steve Seaton, a "data dump" from its database. Sorting through this data has been time-consuming for plaintiffs, perhaps unnecessarily so if meaningful reports can be readily accessed through queries of the Government's databases. Beginning in August 2007 and culminating September 27, 2007, I have had three telephone conversations with Mr. Mager in which I proposed that the parties work together to assemble objective summaries of certain information in the Government's databases (e.g., hours worked, overtime worked, leave taken). In August, Mr. Mager expressed his preference to wait until the outstanding motions were resolved. But in September, he rejected the proposal and insisted that each side should hire its own "experts" to analyze the data and compile it into useful summaries. This matter will require further discovery, probably including a RCFC 30(b)(6) deposition.

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Case 1:04-cv-00856-GWM

Document 149-2

Filed 10/02/2007

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I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge and belief.

October 2, 2007

__/s/ Donald B. Scaramastra_____ Donald B. Scaramastra Garvey Schubert Barer 18th Floor 1191 Second Avenue Seattle, WA 98101 Telephone (206) 464-3939 Facsimile (206) 464-0125 Attorneys for Plaintiffs

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Case 1:04-cv-00856-GWM

Document 149-2

Filed 10/02/2007

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CERTIFICATE OF SERVICE I hereby certify on October 2, 2007, a copy of the foregoing "DECLARATION OF DONALD B. SCARAMASTRA IN RESPONSE TO GOVERNMENT'S MOTION FOR ENLARGEMENT OF TIME" 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. Parties may access this filing through the Court's system.

_

/s/ Donald B. Scaramastra _____ Donald B. Scaramastra Jennifer A. Krebs Garvey Schubert Barer 18th Floor 1191 Second Avenue Seattle, WA 98101 Telephone (206) 464-3939 Facsimile (206) 464-0125 Attorneys for Plaintiffs

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