Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:02-cv-01622-LB

Document 78

Filed 06/30/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BLUEPORT COMPANY LLC, Plaintiff, -vTHE UNITED STATES, Defendant. PLAINTIFF'S SUBMISSION OF SUPPLEMENTAL AUTHORITIES RELATING TO DEFENDANT'S OBJECTION TO SAIC DOCUMENTS Plaintiff submits the following list of authorities, not previously cited, 1 on the issue of the admissibility of the documents of the Government's contractor, SAIC, who, at Government request, "recreated" the AUMD programs with the MARS software program, Blueport Exhibit Nos. 1-36, 79-89, 92-93, 106. 1 activity); 2. Air Land Forwarders, Inc. v. U.S., 38 Fed.Cl. 547, 555-56 (Fed.Cl., 1997) FEDERAL RULE
OF

Case No. 02-1622C Judge Lawrence J. Block

EVIDENCE 803(6) (records of regularly conducted

(allowing in categories of documents as business records under FRE 803(6)); 3. Aeroplate Corp. v. U.S., 67 Fed.Cl. 4, 14 n. 7 (Fed.Cl., 2005) (in a

contractor bid protest, phone record was properly admitted as a business record under FRE 803(6)); 4. AFD Fund v. U.S., 61 Fed.Cl. 540, 544-46 (Fed.Cl., 2004) (overruling the

government's objection to records and allowing records in under FRE 803(6));

Plaintiff notified Defendant, at least one full day prior to the filing of Defendant's Reply brief, that Plaintiff additionally relied upon FRE 803(6) in relation to the SAIC documents, and that Plaintiff intended to supplement its brief in some respect in that regard. FRE 807 was previously cited on a different issue.
PLAINTIFF'S SUBMISSION OF SUPPLEMENTAL AUTHORITIES RELATING TO DEFENDANT'S OBJECTION TO SAIC DOCUMENTS --1

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Case 1:02-cv-01622-LB

Document 78

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5.

International Resource Recovery, Inc. v. U.S., 61 Fed.Cl. 38, 42-43

(Fed.Cl., 2004) (denying government objection to records, and ruling the records were admissible, among other grounds, as business records under FRE 803(6), and under FRE 807); and 6. FEDERAL RULE OF EVIDENCE 807 (residual exception).

DATED THIS June 30, 2006,

Respectfully submitted, RYLANDER & ASSOCIATES PC /s/ Kurt M. Rylander__ ________ KURT M. RYLANDER, Attorney at Law 406 West 12th Street 206 Vancouver, Washington 98660 Tel: (360) 750-9931 Fax: (360) 750-9953 E-mail: [email protected] Of Attorneys for Plaintiff

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Case 1:02-cv-01622-LB

Document 78

Filed 06/30/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY under penalty of perjury of the laws of the Federal Court that on the date signed below I served a copy of the document to which this certificate is attached by electronic filing with the US Court of Federal Claims which filing serves this document upon attorneys of record for Defendant, Scott Bolden, U.S. Department of Justice, Civil Division-Commercial Litigation Branch, Washington, D.C. [email protected]. 20530,

DATED THIS June 30, 2006

/s/ Kurt M. Rylander KURT M. RYLANDER, (360) 750-9931 Of Attorneys for Plaintiff RYLANDER & ASSOCIATES PC 406 West 12th Street Vancouver, Washington 98660 Tel: (360) 750-9931 Fax: (360) 750-9953 E-mail: [email protected]

PLAINTIFF'S SUBMISSION OF SUPPLEMENTAL AUTHORITIES RELATING TO DEFENDANT'S OBJECTION TO SAIC DOCUMENTS --3