Free Declaration - District Court of Federal Claims - federal

Case 1:99-cv-00961-LAS

Document 108

Filed 03/21/2008

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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 on March 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 MOTION TO COMPEL

White Buffalo Construction, Inc. ("White Buffalo") in this action. 2. 3. On January 15, 2008, White Buffalo propounded requests for production. On February 19, 2008, the government responded, refusing to produce documents

responsive to the requests at issue. (Defendant's Response to Plaintiff's First Request for Production dated February 19, 2008, Ex. 1.) 4. White Buffalo offered to clarify any confusion the government had about what

documents were sought. (February 22, 2008 letter to Timothy McIlmail, Ex. 2.) 5. Counsel for White Buffalo and the government held a conference call on

February 27, 2008. The government declined White Buffalo's offer to clarify the requests, if necessary, and has refused to produce responsive documents. (February 25, 2008 and March 3, 2008 letters from Timothy McIlmail, Exs. 3 and 4.) 6. White Buffalo has offered to enter into a Stipulated Protect Order to protect any

relevant privacy right of government employees. (Ex. 1 at 3.) 7. White Buffalo's response to the government's Request for Admission No. 3

specified where in the certified claim it had alleged the conversion was in bad faith. (Plaintiff's

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Case 1:99-cv-00961-LAS

Document 108

Filed 03/21/2008

Page 2 of 2

Response to Defendant's Requests for Admission dated February 19, 2008, Ex. 5 at 2-3.) The government has still refused to produce responsive documents. 8. Attached as Exhibit 6 are excerpts from the August 30, 2007 Final Decision.

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: March 21, 2008. STOEL RIVES LLP

/s/ Scott J. Kaplan Scott J. Kaplan 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204-1268 Telephone: (503) 224-3380 Facsimile: (503) 294-9167

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