Free Witness List - District Court of Federal Claims - federal

Case 1:99-cv-04451-ECH

Document 193

Filed 04/25/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) ) STONE, ERROL L. & SUSAN H., ) In their own right and as Trustees of the ) Susan H. Stone Trust and the Errol L. Stone ) Trust ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) ) EUGENE J. FRETT, Individually and ) as trustee of the Victor J. Horvath and Frances ) B. Horvath Trust, and ) ) DONNA P. FRETT, ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ) JOHN H. and MARY E. BANKS, et al.,

No. 99-4451 L Judge Emily C. Hewitt

No. 04-277 L Judge Emily C. Hewitt

No. 05-1353 L Judge Emily C. Hewitt

MEMORANDUM OF CONTENTIONS OF FACT AND LAW: DEFENDANT'S WITNESSES

Case 1:99-cv-04451-ECH

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Pursuant to the Court's Order filed January 19, 2007, and paragraph 15 of Appendix A of the Court's Rules, defendant provides the following list of witnesses at trial for its case-in-chief or rebuttal purposes, except those to be used exclusively for impeachment. Per paragraph 15(a) of Appendix A, we have listed first those witnesses whom we believe, at this time, that we expect to present at trial, followed by those witnesses whom we may call if the need arises. A. Witnesses Expected to Testify 1. Ron Erickson, Retired Corps of Engineers geologist 4647 Burnsline Rd Croswell, Michigan 48422 (810) 679-4610

Mr. Erickson may testify as to his observations of the geology and geologic conditions along the shoreline and lake bottom in St. Joseph. 2. John Konik, Chief, Regulatory U.S. Army Corps of Engineers Detroit District Office 477 Michigan Ave. Detroit, Michigan 48226 (313) 226-7732

Mr. Konik may testify as to regulatory files, procedures, permit processing, Corps' OHWM, and cumulative effect of structures on the St. Joseph, MI, harbor shoreline as it relates to regulatory permitting. 3. Dr. Grahame J. Larson Department of Geological Sciences Michigan State University East Lansing, MI 48824 (517) 353-9485

Dr. Larson may testify to the matters addressed in his expert report dated may 2006, supplemental report dated June 2006, and his deposition conducted on July 14, 2006, regarding the geological composition of the shoreline and erosion in the vicinity of St. Joseph, Michigan. 4. Dr. Andrew Morang, research physical scientist USACE-ERDC 3909 Halls Ferry Road Vicksburg, MS 39180 (601) 634-2064

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Dr. Morang may testify about his work in the Corps' reports "Geologic Effects on Behavior of Beach Fill and Shoreline Stability for Southeast Lake Michigan", Technical Report CERC-96-10, and "Effectiveness of Beach Nourishment on Cohesive Shores, St. Joseph, Lake Michigan", Technical Report CERC-97-15. 5. Dr. Robert B. Nairn W.F. Baird & Associates Coastal Engineers Ltd. 2981 Yarmouth Greenway Madison, WI 53711 (905) 845-5385

Dr. Nairn may testify as to the matters addressed in his expert report dated May 2006, his supplemental report dated June 8, 2006, and his deposition conducted in this litigation on August 23, 2006. 6. Thomas O'Bryan, Civil Engineer for the Grand Haven Area Sub-Office U.S. Army Corps of Engineers Detroit District Office Grand Haven Area Office 307 South Harbor Street Grand Haven, Michigan 49417 (616) 842-5510

Mr. O'Bryan may testify as to observations and experience on Lake Michigan with respect to lake and weather conditions, operation and maintenance of the St. Joseph harbor structures, and dredging operations and mitigation placement operations. 7. Wayne Schloop, Chief of Operations U.S. Army Corps of Engineers Detroit District Office 477 Michigan Ave. Detroit, Michigan 48226 313-226-5013

Mr. Schloop may testify as to the drafting and maintenance of annual reports of dredging, dredging and placement operations, records and reports of the construction and structural history of the St. Joseph, MI harbor, the Operations and Maintainence manual, and Section 111 Detailed Project Report.

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8.

James Selegean, hydraulic engineer U.S. Army Corps of Engineers Detroit District Office 477 Michigan Ave. Detroit, Michigan 48226 (313) 226-6791

Mr. Selegean may testify as to structure history, design and physical construction, rehabilitations, permeability and dredging and disposal/mitigation history, as well as those additional matters addressed in the course of plaintiffs' depositions taken of him as a Rule 30(b)(6) witness. 9. Charles L. Thompson, Retired Corps of Engineers physical scientist 10012 Ruth Allen Park, Michigan 48101 (313) 381-4339

Mr. Thompson may testify as to his observations of the erosion processes along the shoreline in St. Joseph and of the Corps' mitigation efforts, as well as his contacts with the general public in the area associated with informing the pubic as to Corps operations, mitigation and studies. B. Witnesses Who May Testify 1. Don Holley, Floating Plant & Surveying Coordinator U.S. Army Corps of Engineers Detroit District Office 477 Michigan Ave. Detroit, Michigan 48226 (313) 226-6816

Mr. Holley may testify as to Corps' hydrographic surveying operations and hydrographic surveys in the St. Joseph area. 2. Jeff Lillycrop USACE-Mobile District 109 St. Joseph St. Mobile, AL 36602 (251) 694-3721 Mr. Lillycrop may testify as to the SHOALS bathymetric surveying operations.

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3.

Dr. Guy Meadows 1085 S. University Avenue Ann Arbor, MI 48109 (734) 764-5235

Dr. Meadows may testify as to the matters addressed in his expert report and supplemental report submitted in this litigation, and his depositions conducted in this litigation on August 22, 2006, and December 6, 2000. 4. 5. 6. 7. Document custodian for the U.S. Army Corps of Engineers Document custodian for CSX Transportation, Inc. Document custodian for State of Michigan Department of Transportation. Defendant reserves the right to call to testify those witnesses listed upon plaintiffs' lists of witnesses provided pursuant to paragraph 15 of Appendix A of the Court's rules. Respectfully submitted, MATTHEW J. McKEOWN Acting Assistant Attorney General Environment and Natural Resources Division s/Terry M. Petrie TERRY M. PETRIE Environment and Natural Resources Division U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, CO 80294 Tele: 303-844-1369 Fax: 303-844-1350 [email protected] OF COUNSEL Gary W. Segrest, Esq. Office of Counsel U.S. Army Corps of Engineers 477 Michigan Avenue, Room 659 Detroit, MI 48226 HEIDE L. HERRMANN G. EVAN PRITCHARD Environment and Natural Resources Division U.S. Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 Attorneys for Defendant

Dated: April 25, 2007

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Case 1:99-cv-04451-ECH

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CERTIFICATE OF SERVICE I certify that I have served a copy of the "Defendant's Memorandum of Contentions of Fact and Law: Defendant's Witnesses" by electronic filing with the Unites States Court of Federal Claims on the 25th day of April, 2007 on: John Ehret, Esq. 20860 Greenwood Drive Olympia Fields, IL 60461 Counsel for Banks Plaintiffs **************** Drew Marrocco, Esq. Sonnenschein Nath & Rosenthal LLP 1301 K Street, NW Suite 600, East Tower Washington, DC 20005 Counsel for Stone Plaintiffs **************** Eugene J. Frett, Esq. Sperling & Slater, P.C. 55 West Monroe Street Suite 3200 Chicago, Illinois 60603 Counsel for Frett Plaintiffs **************** s/Terry M. Petrie TERRY M. PETRIE