Free Declaration - District Court of Federal Claims - federal

Case 1:99-cv-00961-LAS

Document 116

Filed 04/21/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WHITE BUFFALO CONSTRUCTION, INC., an Oregon corporation, Plaintiff, v. THE UNITED STATES, Defendant. No. 99-961C (Consolidated with Case Nos. 07-738C and 00-415C) Senior Judge Loren A. Smith Electronically Filed April 21, 2008 I, Scott J. Kaplan, declare as follows: 1. I am a member of Stoel Rives LLP and one of the attorneys representing plaintiff DECLARATION OF SCOTT J. KAPLAN IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR A PROTECTIVE ORDER TO BAR PLAINTIFF FROM TAKING THE DEPOSITION OF TIMOTHY BINDER; REQUEST FOR LIMITED CONTINUANCE OF DISCOVERY CUTOFF

White Buffalo Construction, Inc. ("White Buffalo") in this action. 2. The government's privilege log confirms that Tim Binder had a number of

communications with the DCAA auditor on the issue of the audit. Attached as Exhibit 1 are excerpts from Defendant's Privilege Log dated March 7, 2008. I hereby declare, under penalty of perjury under the laws of the United States, Oregon and Maryland that the foregoing is true and correct. DATED: April 21, 2008.

/s/ Scott J. Kaplan Scott J. Kaplan

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Case 1:99-cv-00961-LAS

Document 116

Filed 04/21/2008

Page 2 of 2

CERTIFICATE OF SERVICE I hereby certify that I served the foregoing DECLARATION OF SCOTT J. KAPLAN IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR A PROTECTIVE ORDER TO BAR PLAINTIFF FROM TAKING THE DEPOSITION OF TIMOTHY BINDER: REQUEST FOR LIMITED CONTINUANCE OF DISCOVERY CUTOFF on the following named person(s) on the date indicated below by

mailing with postage prepaid hand delivery facsimile transmission overnight delivery Email notice of electronic filing using the CM/ECF system
to said person(s) a true copy thereof, contained in a sealed envelope, addressed to said person(s) at his or her last-known address(es) indicated below. Timothy P. McIlmail U.S. Department of Justice Civil Division ­ Commercial Litigation Branch 1100 L Street NW, 8th Floor Washington, DC 20530 Facsimile: (202) 514-7965 Email: [email protected] Attorney for Defendant DATED: April 21, 2008. STOEL RIVES LLP /s/ Scott J. Kaplan Richard E. Alexander Scott J. Kaplan Attorneys of Record for Plaintiff White Buffalo Construction, Inc. 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204-1268 Telephone: (503) 224-3380 Facsimile: (503) 220-2480

Portlnd3-1626099.2 0079700-00014

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