Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:04-cv-00856-GWM

Document 100

Filed 09/11/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) WALTER JAYNES; PAUL S. SCOTT; ) DAVID S. PETERSON; DONALD BAKER; ) GORDON D. HANBERG; et al., ) ) Plaintiffs, ) ) vs. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________)

No. 04-856C Judge Miller Electronically Filed on 09/11/06

MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY Plaintiffs move for leave to file the testimony of the Shipyard pursuant to RCFC 32(a)(2). Plaintiffs are not requesting that this testimony be published in lieu of calling the individuals who testified as 30(b)(6) witnesses. Rule 32 of the Court of Federal Claims provides that the testimony of a person taken during a deposition pursuant to RCFC 30(b)(6) "may be used by an adverse party for any purpose" in court proceedings.1 The Court's Case Management Procedure 15(b) states that a party that intends to present substantive evidence through deposition testimony shall move for leave of the Court to present the testimony. On Wednesday, March 9 and Thursday, March 10, 2005, plaintiffs deposed the Shipyard under RCFC 30(b)(6). The Shipyard designated Lynnette Niemi and Mark Winkler, among others. The selected testimony is relevant to the handling and processing of the grievance, the drafting of the grievance decision, and the method used by the Shipyard to calculate the high pay award for the shipwrights. The specific designations are attached as Appendix A. For the foregoing reasons, plaintiffs request leave of the Court to file the Shipyard's testimony, pursuant to RCFC 32(a)(2).

1

See, e.g., Coughlin v. Capitol Cement Co., 571 F.2d 290, 308 (5th Cir. 1978).

MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY - 1
SEA_DOCS:816863.1

Case 1:04-cv-00856-GWM

Document 100

Filed 09/11/2006

Page 2 of 2

DATED this 11th day of September, 2006. Respectfully Submitted, 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

MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY - 2
SEA_DOCS:816863.1