Free Motion for Reconsideration - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 346-3

Filed 05/02/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PRECISION PKNE & TIMBER, ]INC., Plaintiff, v. THE UNITED STATES, Defendant. DEFEND~T'S FIRST )

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No. 98-720C (Chief Judge Damich)

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) SET OF REQUESTS FOR ADMISSION ON DAMAGES

Pursuant to Rule 36 oft_he Rules of the United States Court of Federal Claims, defendant, the United States, requests that plaintiff, for admissions set forth below. DEFINITIONS The United States incorporates by reference the definitions used in Defendant's First Set of Interrogatories and Requests for Production of Documents Regarding Damages. REQUESTS REQUEST FOR ADMISSION NO. 1: Admitthat the suspension of the Brann contact as a result of the Silver v. Tt.zomas litigation began on August 25, 1995 and ended on October 18, 1995. FOR ADMISSION Precision Pine & Timber, Inc., respond to the requests

Re__~ponse:

Case 1:98-cv-00720-GWM

Document 346-3

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REQUEST FOR ADMISSION NO. 2: Admitthat the suspensionof the Mud contract as a result of the Silver v. Thomas litigation beganon Au~mast 1995and endedon March1 t, 1996. 25,
R~_~._~OllSe:

REQUEST FOR ADMISSION NO. 3: Admit that Precision Pine harvested no timber pursuant to the Salt contract before, during or after the suspensionresulting fromthe Silver v. Thomas litigation.

REQUEST FOR ADMISSION NO. 4: Admitthat Precision Pine harvested no timber pursuant to the Saginaw-Kennedy contract before, during or after the suspensionresulting fromthe Silver v. Thomas litigation. Response: -.-

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Case 1:98-cv-00720-GWM

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REQUEST FOR ADlVlISSION NO. 5: Admitthat Precision Pine harvested no timber pursuant to the Monument contract before, during or after the suspensionresulting from the Silver v. Thomas litigation. _~g~onse:

REQUEST FOR ADMISSION NO. 6: Admitthat the annual capacity of Precision Pine's sawmill in Winslow,Arizona was approximately 12-14 mmbfin1995, 1996 and 1997. Re_.~_p e: o ns

REQUEST FOR ADMISSION NO. 7: Admitthat the annual capacity of Precision Pine's sawmill in Eagar, Arizonawas approximately 9 mmbfin1995, 1996, and 1997.

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Case 1:98-cv-00720-GWM

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REQUESTFOR ADlVlISSION NO. 8: Admitthat the annual capacity of Precision Pine's sawmill in Heber, Arizonawas approximately 10 mmbfin1995 and 1996.

REOUEST FOR ADMISSION NO. 9: Admit that, between August 1993 and December1998, the rough sawed lumber produced by Precision Pine's Heber and Eagar sawmills was shipped to Precision Pine's Winslow,Arizona facility for planing.

REQUEST FOR ADMISSION NO. 10: Admitthat Precision Pine did not forego bidding on Government timber sale contracts or forego other opportunities to acquire additional timber for its mills as a result ofth~ suspension of the contracts at issue.
Re__~._Douse:

Case 1:98-cv-00720-GWM

Document 346-3

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ROBERTD. McCALLLFM, JR. Assistant Attorney General DAVID M. COHEN Director

Assistant Director

OF COUNSEL: Patricia Disert Lori Polin Jones Office o£the General Counsel U.S. Department of A~cul~ure

DAVID A. HARRINGTON Trial Attorney CommercialLitigation Branch Civil Division U.S. Department f Justice o Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Attorneys for Defendant

June 20, 2003

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Case 1:98-cv-00720-GWM

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CERTIFICATE OF SERVICE I herebycertify under penalty of perjury that on this~ d'~ay of June 2003, I causedto served by hand delivery a copy of Defendant's First Set of Requests for Admission Damages, on addressed as follows:

Alan I. Saltman Saltman & Stevens 1801 K Street, N.W., Suite 110 Washingon, D.C. 20006