Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:99-cv-04451-ECH
f

Document 172-14 Filed 02/26/2007 DONALD MILLER

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JOHN H, and MARY E. BANKS, et al., Plaintiffs,
V.

No. 99-4451 L Judge Emily C. Hewitt

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.

No. 04-277 L Judge Emily C, Hewitt

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,

No. 05-1353 L Judge Emily C. Hewitt

THE UNITED STATES OF AMERICA, Defendant.

IHO eN I
51 O0 Tamiami Trail N. # 119 Newgate Center Naples, Florida 34103

Tel: 239.571.2200 ¯ Fax: 239.514.1956 www.holdenreporting.com

DEPONET
A Hobatt RC~t Com~

We Connect Professionals

J
EXHIBIT 12

Case 1:99-cv-04451-ECH

Document 172-14 Filed 02/26/2007 DONALD MILLER

Page 2 of 5

2

1 DEPOSITION OF DONALD MILLER 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2'2 23 24 25 For Defendant: (Telephonic:) TERRY M. PETRIC, ESQUIRE United States Department of Justice, Environment & Natural Resources Division 1961 Stout Street, 8th Floor Denver, CO 80294 303.844.1369 For Stone Plaintiffs: (Telephonic:) DREW W. MARROCCO, ESQUIRE Sonnenschein, Nash & Rosenthal 1301 K Street N.W. East Tower, Suite 600 Washington, D.C. 20005 202.408.6387 For Donald Miller: (Telephonic) JOHN B. EHRET, ESQUIRE 20860 Greenwood Drive Olympia Fields, IL 60461 708.748.8975 APPEARANCES: Upon oral examination, taken by counsel for the Defendant on April 25, 2006, commencing at 10:46 a.m., at 606 Bald Eagle Drive, 6th Floor, Marco Island, Florida, before Janice R. Maline, Court Reporter and Notary Public, State of Florida at Large.

HOLDEN REPORTING SERVICE, INC. 239.571.2200 www.holdenreporting.com

Case 1:99-cv-04451-ECH

Document 172-14 Filed 02/26/2007 DONALD MILLER

Page 3 of 5

3

1 APPEARANCES CONTINUED: 2 3 4 5 6 7 8 9 10 11 ATTORNEY 12 13 14 15 16 17 EXHIBITS 18 19 20 21 22 23 24 25 (None marked at this time.) Mr. Petric: Mr. Ehret: 3 52 DIRECT CROSS REDIRECT RECROSS INDEX For the Army Corps of Engineers: (Telephonic:) GARY W. SEGREST, ESQUIRE Assistant District Counsel 477 Michigan Avenue, Room 659 Detroit, MI 48231 313.226.2215

HOLDEN REPORTING SERVICE, INC. 239,571.2200 www.holdenreporting,com

Case 1:99-cv-04451-ECH

Document 172-14 Filed 02/26/2007 DONALD MILLER

Page 4 of 5 49

1 2 3 4 5 6 7 8 9 10 11 12 13

A Q A Q

I don't believe so. Do you still have a copy of that survey?

I'm not sure; 50 years ago, probably not. I understand. Okay. MR. EHRET: Can we take a break here? MR. PETRIC: Yeah, let's go ahead and go off

the record. Keep the lines open and go off the
record.

(A discussion was held off the record.) MR. PETRIC: Back on the record here. Thank
you .

CONTINUED DIRECT EXAMINATION BY MR. PETRIC: Q kind of Mr. Miller, have you ever had any

14 15i 16! 17i
18 19

understanding about efforts by the Corps ofEngineers to address the erosion problems that the shoresouth of St. Joseph Harbor, to include your property, experienced? A Q NO. Sir, are you aware of any kind of program by

2o
21 22 23 24 25

the Corps of Engineers to provide additional sediment material, nourishment, to theshoreline south of St. Joseph Harbor? A I am not. MR. EHRET: Hello?

HOLDEN REPORTING SERVICE, INC. 239.571.2200 www.holdenreporting.com

Case 1:99-cv-04451-ECH

Document 172-14 Filed 02/26/2007 DONALD MILLER

Page 5 of 5 50

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. PETRIC: I'm still here. Part of not being able to see each other, I'm sitting here pondering. MR. EHRET: Okay. CONTINUED DIRECT EXAMINATION BY MR. PETRIC: Q I'm trying to understand. Here's what I'm have understood the gist of

pondering, Mr. Miller, if I

your testimony correctly, andI don't want you to feel defensive about the question, even though it may sound that way, it's not my intention. I understand that you lost a lot of property, you had an understanding that what was happening out there was not normal, and you had this awareness somewhere in the vicinity, I don't have the in front of me, your testimony shows it, in exact date the mid

80's, and I'm trying to understand what was behind your waiting a good 10, 15 years or so to bring the lawsuit? And again I don't ask that to challenge you, I'm trying
to

understand your thinking. Can you elaborate or

explain that to me? A I guess I can't. I was approached by

Attorney Ehret and some other people that had property, and I guess that's my only comment. Q Okay. Okay. And again notmeant to

HOLDEN REPORTING SERVICE, INC. 239.571.2200 www.holdenreporting.com