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

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 1 of 10

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) STOCKTON EAST WATER DISTRICT, ) et al., ) ) Plaintiffs, ) No. 04-541 L ) v. ) Judge Christine Odell Cook Miller ) UNITED STATES, ) ) Defendant. ) ____________________________________) DECLARATION OF JENNIFER L. SPALETTA I, Jennifer L. Spaletta, pursuant to 28 U.S.C. § 1746, hereby declare: 1. I am an attorney of record for Plaintiffs in this case and state the following of my

own personal knowledge. 2. After Defendant's inquiry regarding Exhibit 273 on September 13, 2006,

Plaintiffs counsel told Defendant's counsel that Exhibit 273 would be the tables and graphs contained in Mr. Dotan's expert report, or from his interactive computer model, both of which were already in the possession of Defendant's counsel. 3. Defendant received Mr. Dotan's detailed expert report on July 26, 2006, complete

with numerous charts and tables. The parties exchanged their initial exhibit lists on September 11, 2006. Mr. Dotan's deposition commenced first thing the next morning, on Tuesday, September 12, 2006, at which time Mr. Dotan produced his model to Defendant on a CD, as requested in Defendant's deposition notice. Defendant's counsel chose not to ask Mr. Dotan to show how his model worked during the deposition. In light of this choice by Defendant's counsel, and cognizant of the fact that the model had been listed as a trial exhibit by Plaintiffs, at the conclusion of Mr. Dotan's deposition I loaded Mr. Dotan's computer model on my own

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 2 of 10

laptop and showed Defendant's counsel how to view it. This was done intentionally to prevent any subsequent complaint about the model. 4. Exhibit 277 is a Chart is maintained on the Bureau of Reclamation's website at

www.usbr.gov/mp/cvo/vungvari/water_allocations_historical.pdf. The Chart was used in the summary judgment proceedings in this case. See Plaintiffs' Reply and Opposition page 12; Pls.' Supp. App. at 1090-92. I explained this to Defendant's counsel via telephone on September 14, 2006, and again in writing on the chart provided to Mr. Shapiro on September 16, 2006. See last page of Exhibit 3 to Defendant's Motion in Limine. I have attached to this declaration an e-mail to Defendant's counsel to this effect and the Chart from the Bureau's website, as Exhibit A. 5. On September 14, 2006, I explained to Defendant's counsel that trial exhibits

numbered 230 and 231 would include excerpts of the voluminous bond issuances for the New Melones infrastructure for both districts. All of these documents were produced to the United States, some were used as deposition exhibits by the United States in this case, some were used as exhibits by Plaintiffs in the motions for summary judgment, and several are identified on the Defendant's preliminary trial exhibit list. When Defendant's counsel expressed concern about being able to identify the specific documents at issue, I committed to locate the Bates numbers. This was done and confirmed in writing. See Exhibit B. 6. I expected Defendant to produce annual forecast documents at Ms. Manza's

deposition. No such documents were produced. Therefore, to the extent that Defendant makes forecasting an issue in this case, Plaintiffs may need to use the official California Department of Water Resources historical forecast data, published four times a year in Bulletin 120 (available at http://cdec.water.ca.gov/snow/bulletin120/) as an exhibit in this case.

-2-

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 3 of 10

I declare under penalty of perjury that what I have said in this declaration is true and correct. Executed on October 11, 2006 s/ Jennifer Spaletta Jennifer Spaletta

-3-

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 4 of 10

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 5 of 10

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 6 of 10

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 7 of 10

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 8 of 10

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 9 of 10

Case 1:04-cv-00541-CCM

Document 133-2

Filed 10/11/2006

Page 10 of 10