Free Witness List - District Court of Federal Claims - federal

Case 1:99-cv-00961-LAS

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Filed 07/11/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WHITE BUFFALO CONSTRUCTION, INC., Plaintiff, v. ) ) ) ) ) ) ) ) ) ) )

No. 99-961C (Consolidated with Nos. 00-415C and 07-738C) (Senior Judge Smith)

THE UNITED STATES, Defendant.

DEFENDANT'S WITNESS LIST Defendant expects to present the following witnesses, except those to be used exclusively for impeachment: 1. William L. Parsons Contracting Officer (former) Federal Highway Administration ("FHWA") 9724 NW 4 Ct Vancouver, WA 98665 (360) 573-8309 Mr. Parsons is expected to testify about his decisions to terminate the contract for default and to convert that termination to one for the convenience of the Government. Approximately one hour will be needed for his direct examination. 2. Sterling Munro Auditor Defense Contract Audit Agency ("DCAA") DCAA Seattle Branch Office 14240 Interurban Avenue South, Suite 156 Seattle, WA 98168-4662 (206) 439-4862 Mr. Munro is expected to provide testimony, including expert testimony, related to the subject of Defense Contract Audit

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Agency Audit Report No. 4261-2005P17100001.

Approximately

three hours will be needed for his direct examination. 3. Luther L. Clevenger White Buffalo Construction, Inc. 6653 Shaw Hwy, SE P.O. Box 1310 Armsville, OR 97325 (503) 749-1684 Mr. Clevenger is expected to testify about plaintiff's performance of the contract work and the elements of its claims to the contracting officer and to the Court. Approximately

two hours will be needed for his direct examination. 4. Curtis Scott Construction Operations Engineer FHWA 610 E. Fifth Street Vancouver, WA 98661 (360) 619-7822 Mr. Scott is expected to testify about the Profit/Loss Analysis that is part of the August 30, 2007 Contracting Officer's Decision. Approximately one hour will be needed for

his direct examination. 5. Paul Rettinger Resident Engineer Federal Highway Administration ("FHWA") 610 East Fifth Street Vancouver, WA (360) 619-7781 Mr. Rettinger is expected to testify about plaintiff's performance of the contract work. Approximately three hours will

be needed for his direct examination.

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6.

Tom Hildreth Construction Engineer, FHWA(former) 1908 NE 100th Avenue Vancouver, WA 98664 (360) 989-0547 Mr. Hildreth is expected to testify about plaintiff's

performance of the contract work.

Approximately two hours will

be needed for his direct examination. 7. Howe T. Crockett Construction Operations Engineer FHWA 610 East Fifth Street Vancouver, WA (360) 619-7750 Mr. Crockett is expected to testify about plaintiff's performance of the contract work. needed for his direct examination. 8. David Lofgren Geologist FHWA 610 East Fifth Street Vancouver, WA (360) 619-7709 Mr. Lofgren is expected to testify about blasting and geotechnical issues associated with the Rock Cut at MP 46.7. Approximately one hour will be needed for his direct examination. Approximately one hour will be

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9.

David Baldwin Tidewater Contractors, Inc. P.O. Box 1956 Brookings, OR 97415 Mr. David Baldwin is expected to testify about project site

conditions, and Tidewater Contractor's performance of the completion contract work. for his direct examination. Defendant may call the following witnesses if the need arises: 1. Daniel Quist Inspector FHWA 4484 Addy Loop Washougal, WA (360) 835-2616 Mr. Quist is expected to testify about performance and administration of the contract work. be needed for his direct examination. 2. Dick Young Consultant Inspector address and telephone number unavailable Mr. Young is expected to testify about performance and administration of the contract work. be needed for his direct examination. Approximately one hour will Approximately one hour will Approximately one hour will be needed

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3.

Robert H. Gietz Inspector FHWA 6653 Shaw Hwy SE Armsville, OR (360) 273-7862 Mr. Gietz is expected to testify about performance and

administration of the contract work. be needed for his direct examination. 4. Eugene Van Cauteren Consultant Inspector 2511 SE River Road Hillsboro, OR (503) 547-0700

Approximately one hour will

Mr. Van Cauteren is expected to testify about performance and administration of the contract work. be needed for his direct examination. 5. Scott Darger Tidewater Contractors, Inc. P.O. Box 1956 Brookings, OR 97415 Mr. Darger is expected to testify about project site conditions, and Tidewater Contractor's performance of the completion contract work. for his direct examination. 6. Mike Palanuk Former Employee of White Buffalo Construction, Inc. Current address and telephone number unknown Mr. Mike Palanuk is expected to testify about quality control issues, and performance and administration of the contract work. Approximately one hour will be needed for his direct examination. 5 Approximately one hour will be needed Approximately one hour will

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7.

Colleen Schragg Former Employee of White Buffalo Construction, Inc. Current address unknown (541) 439-2503 Ms. Schragg is expected to testify about performance and

administration of the contract work. be needed for his direct examination. 8. Richard McBride McBride Construction 505 NW Franklin Ave, Suite B Bend, OR 97701

Approximately one hour will

Mr. Richard McBride is expected to testify about performance of the work at the Rock Cut at MP 46.7. Approximately one hour

will be needed for his direct examination. 9. Betty Chon Highway Designer FHWA 610 East Fifth Street Vancouver, WA (360) 619-7815 Ms. Chon is expected to testify about the issue of design changes with the completion contract. Approximately one hour

will be needed for his direct examination. 10. Donna McKinney USFS P.O. Box 25005 Denver, CO (303) 275-5555 x249

Ms. McKinney is expected to testify about geotechnical and construction issues. Approximately one hour will be needed for

his direct examination.

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11.

Robin McAlpine District Engineer USFS Powers, OR (541) 439-6220

Mr. McAlpine is expected to testify about the Forest Service's involvement with contract. for his direct examination. 12. Nancy Rogers Office Clerk (former) White Buffalo Construction, Inc. Powers, OR (541) 439-4841 Approximately one hour will be needed

Ms. Rogers is expected to testify about project documentation, and administration and performance of the contract work. Approximately one hour will be needed for his direct examination. 13. Jim Heigh Superintendent White Buffalo Construction, Inc. address and telephone number unavailable

Mr. Heigh is expected to testify about administration and performance of the contract work. needed for his direct examination. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/Todd M. Hughes TODD M. HUGHES Deputy Director 7 Approximately one hour will be

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s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0342 Facsimile: (202) 514-7965 OF COUNSEL: Rayann L. Speakman Attorney-Advisor Western Federal Lands Highway Division 610 E. Fifth Street Vancouver, WA 98661 July 11, 2008 Attorneys for Defendant

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Certificate of Filing I hereby certify that on July 11, 2008, a copy of the 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. may access this filing through the Court's system. s/Timothy P. McIlmail Parties