Free Witness List - District Court of Federal Claims - federal

Case 1:04-cv-00635-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METRIC CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 04-635C ) (Judge Charles F. Lettow) ) ) )

DEFENDANT'S WITNESS LIST Pursuant to Appendix A, paragraph 15(a) of the Rules of the United States Court of Federal Claims, defendant submits the following list of defendant's witnesses. Defendant expects to

rely upon the testimony of the witnesses identified in the plaintiff's witness list, and expressly reserves the right to call them in defendant's case in chief as if listed herein. addition, and based upon the evidence presented during the plaintiff's case, defendant expects to call the following witnesses. FACT WITNESSES 1. Mike Douglas. Mr. Douglas in currently employed by the Mr. Douglas was the principal In

Navy at San Nicholas Island.

Government field representative during Metric's contract performance. He will testify regarding his involvement with

Metric's contract; his observations of Metric's performance, including its barge landing, arrester gear installation, and environmental contamination, as well as his interactions with Metric's personnel; his observations of Metric's contract

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performance problems; and his perspective upon the factual contentions made by Metric to support its case and the testimony of the witnesses called by Metric to support its case. We expect

that Mr. Douglas's testimony will take four hours for direct examination. 2. David Maddes. Mr. Maddes is currently employed by the Mr. Maddes participated in the

Navy in San Diego, California.

preparation of the drawings and specifications for Metric's contract, including the specifications that relate to the arrester gear replacement. He will testify regarding his design

work, his involvement with Metric's contract, and his perspective upon the factual and engineering contentions made by Metric to support its case and the testimony of the witnesses called by Metric to support its case. We expect that Mr. Maddes's

testimony will take one hour for direct examination. 3. Leonard Serrano. Mr. Serrano was formerly employed by

the Navy.

Mr. Serrano was a project engineer during Metric's He will testify regarding his involvement

contract performance.

with Metric's contract, including his evaluation of Metric's claims and proposals; his observations of Metric's performance, including its barge landing, arrester gear installation, and environmental contamination, as well as his interactions with Metric's personnel; his observations of Metric's contract performance problems; and his perspective upon the factual

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contentions made by Metric to support its case and the testimony of the witnesses called by Metric to support its case. We expect

that Mr. Serrano's testimony will take one hour for direct examination. EXPERT WITNESSES 4. Patti Jones: CDR Consultants, Inc., 6729 Lonicera Street, Carlsbad, CA 92011. Ms. Jones is the President of CDR Consultants. She is an expert in construction project management, scheduling and delay, and will testify regarding her analysis of Metric's claim including all of the construction management, scheduling, and delay issues raised in Metric's claim, and in response to the analyses prepared by Metric's expert witnesses. Her direct examination, which will be aided by

a "powerpoint" summary of her expert report, is expected to take six hours. 5. David L. Cotton: Cotton & Company LLP, 333 North Fairfax Street, Suite 401, Alexandria, Virginia 22314. Mr. Cotton is managing partner of Cotton & Company, LLP, Certified Public Accountants and is a CPA, CFE, and CGFM. He is an expert in auditing and analyzing claims brought by and against the Government. He will testify regarding the results of his

analysis of Metric's claims, as well as and in response to the analyses prepared by Metric's expert witnesses. His direct

examination, which will be aided by a "powerpoint" summary of his

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expert report, is expected to take four hours. 6. Rafael Barreto. Mr. Barreto is an auditor with the DCAA

San Fernando Valley Branch Office, Room 2001, 6230 Van Nuys Blvd., Van Nuys, California, 91401. of auditing and accounting. He is an expert in the field

He performed an audit of Metric's

claim, issued a report, and will testify with regard to his audit and conclusions. His testimony is expected to take one hour for

direct examination. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant June 25, 2007

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CERTIFICATE OF FILING I hereby certify that on June 25, 2007, a copy of foregoing "DEFENDANT'S WITNESS LIST" 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/Brian S. Smith

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