Free Motion in Limine - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM LorinD. Por~er

Document 317-2 Washington,

Filed 04/18/2005

Page 1 of 13 February 2004 4,

Page 295 i 2 3 4 5 6 7 8 9 i0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PORTER, Continued a witness Washington, Wednesday, deposition herein, for D.C. February of LORIN for in the the S. of 4, D. 2004 THE v. UNITED STATES, Defendant. PRECISION PINE & TIMBER, INC., (Filed IN THE UNITED STATES No. COURT 98-720 OF FEDERAL C CLAIMS

January

30, 2004)

Plaintiff,

recalled Defendant

examination above-entitled witness BOYD,

by counsel matter, been

pursuant sworn

to notice, by CATHERINE the

having a Notary taken P.C., at

duly

Public at the 1801 9:07

in and offices

for

District &

Columbia, Stevens, D.C.

of Saltman N.W.,

K Street, a.m.,

Washington, February taken down by

20006, and

Wednesday, being and

4, 2004, Stenotype under

the

proceedings

by CATHERINE

S. BOYD

transcribed

her direction.

Alderson Reporting Company, Inc. 1 t I 1 14thStreet, N.W. Suite4001-800-FOR-DEPO Washington, 20005 DC

Case 1:98-cv-00720-GWM
Lorin D. Porter

Document 317-2

Filed 04/18/2005

Page 2 of 13
February 4, 2004

Washington, D~C. Page 363

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25

shutting

any

sawmills

down

prior

to the,

prior

to the suspension. I don't have any idea.

BY MR. HARRINGTON: Q. something A. make a lot I'm asking that was if you know if it was

being

considered. know. That does not

I don't. of sense That's the

I don't to me, first

so I don't time that

know. I remember

seeing Q. A.

the letter. Okay. I wonder (There about the date. in the

was a pause

proceedings.) BY MR. HARRINGTON: Q. Winslow A. Q. that record A. generally
Qo

We have sales

spoken

a little

bit

about

the

record?

Um-hm. Could you is, what describe for me exactly of? probably what

it consisted I could

Not exactly. tell Could Yes. you what

you tell It was

me generally? that tracked our

A. sales.

a record

Alderson Reporting Company, Inc, 1 t t I 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC20005

Case 1:98-cv-00720-GWM
Lorin D. Porter

Document 317-2

Filed 04/18/2005

Page 3 of 13
February 4, 2004

Washington, D.C.

Page 364

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stuff track tried was, know, least to not record, what pay went any had worked

We had for

a secretary City record took

in the

office

that had

Duke

Lumber for that

company and

that she and

maintained basically just

a sales took

them, thing

that,

over Pine. that

did the You

same

thing she

for was

Precision the one

know,

decided

where

generally to that. know, what

speaking,

and I didn't

attention But and

I, you see

I did it was.

look

at the

then

It was see what

generally our

something sales by,

that

we

average but by,

utilization you

by product, get

by overall, we were, at

just

an idea

of where

in my mind. Q. the A. so was this sales that something that Pine when you was you used making? say Yeah. to

Precision yes. And

At times, you're talking

sales, Yeah. Q. A.

about

lumber

sales?

Did it include It may have was sold

rough

cut sales? some rough cut

included

that

from

-- actually included had

I can't from the

remember Heber and

whether Eagar

those Mills,

were

or if they

a separate

l 111 14th Street,

Alderson Reporting Company,Inc. N.W. Suite 400 1-800-FOR-DEPO Washington, DC20005

Case 1:98-cv-00720-GWM
Lorin Poncr

Document 317-2

Filed 04/18/2005

Page 4 of 13
Fcbrua 11, 2004 D'

Overgaard, AZ

Page PRECISION PINE & TIMBER, INC.,

2

Plaintiff,

3

V.

4

THE

UNITED

STATES,

5

Defendant.

6 7 8 9 DEPOSITION i0 ii Overgaard, February 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Court (Original) Prepared for: Prepared Bonnie by: Ponce Court Reporter Arizona II, 2004 OF LORIN PORTER

2:30 p.m.

Certified No. 50669

AldersonReportingCompany, Inc. 111 I 14th Street, N.W.Suite 400 1-800-FOR-DEPO Washington,DC 20005

Case 1:98-cv-00720-GWM
Lorin Porter

Document 317-2

Filed 04/18/2005

Page 5 of 13
February11, 2004

Overgaard, AZ Page 26 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 that list answered. THE WITNESS: How did I come up with that thing in we the that from A. Q. I believe so, yes. How did you derive Pine claims it the mix of products produced

Precision the

would

have

suspended

contracts? : Objection; asked and

MR. S~TMAN

of products? D.C.,

I think and that

I explained is the same

Washington, used. Q. you

BY MR. used

}£AB_RINGTON: up with

Is the the mix

methodology of products industry? by the I from a

to come

methodology A. industry

that

is recognized know what

by the

I don't in that I knew

is recognized tell you and

regard.

I can

that making

16 17 18 19 20 21 22 23 24 25

believe the

what

we were

cutting

types Q.

of logs

we had

under any

contract. textbooks you or studies

Did you up with Just

consult

in coming A. as far

the

methodology

used? ourselves. are But any to get

the

studies I don't tell and talk you log

we made know what and

as textbooks, that can

if there you're area. else

textbooks from

going

a specific Q.

sale

Did you mix

to anyone that

in coming Pine

up

with

the

of products

Precision

claims

AldersonReportingCompany, lnc. I l I l 14th Street, N.W.Suite 400 1-800-FOR-DEPO Washington, 20005 DC

Case 1:98-cv-00720-GWM
Lorin Porter

Document 317-2

Filed 04/18/2005

Page 6 of 13
February l I, 2004

Overgaard, AZ Page 29 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you page. Hold reference about paper explain Q. it now. There on the time. Where on the first page are first page it makes interrogatory? A. Q. process that the you Yes. Does used this interrogatory the describe mix the

in deriving claims sale

of products have produced on

Precision suspended A. and

Pine timber

it would contracts?

I think get the

as well

as you can It's form.

explain

it on to

explanation. in written

difficult

everything That's

why I want to talk to you a little

to a lag MR.

SALTMAN:

you referring? MR. on. It's in parentheses, Mr. Porter took about and into four lines "In lag down doing time in the so, from timber answer HARRINGTON: It's not on the first

it says, account

harvest Q. used A.

to lumber

sale." What was the lag time

BY MR. HARRINGTON: in your It -MR. SALTMAN: I'm methodology?

going

to

object.

He

AldersonReportingCompany, Inc. 1111 14th Street, N.W.Suite 400 1-800-FOR-DEPO Washington,DC 20005

Case 1:98-cv-00720-GWM
LorinPorler

Document 317-2

Filed 04/18/2005

Page 7 of 13
February1 h 2004

Overgaard. AZ Page30 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the could tried each transport had a period the at. mill question. THE WI~ESS: you The bring lag logs time is -cut mill there them is at has and testified I think extensively in the course about the process he used,

of that

answer

he has

provided

an answer. With that, you are free to answer the

of time, and you

in and

-- depending you

on which are

it was

If you

are

in Winslow, are

right

there. you had to that

If you the

at Heber

or Eagar, was

material,

so there

a lag

time

to be considered were, and and

to try

to calculate the best

what of my

the

percentages knowledge through Q. of time A. Q. of the A. used

so I used in watching

ability

the

lumber

go

as a lag time. BY MR. HARRINGTON: time? from mill to mill. use you the same were lag time on What was the period

as a lag It varied So you

didn't that

contracts I tried

analyzing? as I possibly that's all I

to be as accurate together, and

in putting to do. Q. Did

this

you use you

the same were

lag

time

on each

of

contracts

that

analyzing?

Alderson Reporting Company, Inc. 1111 14th Street, N.W.Suite 400 1-800-FOR-DEPO Washington, 20005 DC

Case 1:98-cv-00720-GWM
Lorin Porter

Document 317-2

Filed 04/18/2005

Page 8 of 13
FebruaryI 1, 2004

Overgaard, AZ Page31 1 2 3 4 S 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 specific these not questioning. MR. lag HARRINGTON: that and was I am interested used in analyzing you that in the each we did on what of objection, good and half St. A. specifically, same lag Q. analyzing A. Joe was that mill have time. Do you the St. know Joe what lag time you used in Probably but not. I can't did remember not use the exact

I probably

contract? considered mill, time -- when I would it was the have

I would

have

harvested lumber and taken

at the from the

watched at the would watched Whatever

harvested and as I I

it was

transported that been

to Winslow, of time three

whatever have

period two,

that

-- could was

weeks.

I felt MR.

accurate I'm

is what going

I used. my for a

SALTMAN:

to renew as I recall,

because hour

he testified, as to the the

or more

process

he used, regarding

I believe like

he answered time. are free

questions

things

lag You

to continue

your

time

contracts, last lag

I can

assure any

get,

week times --

or today, that were

information and that's

specific I'm

used,

asking

Mr.

Alderson Reporting Company, Inc. l l 11 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, 20005 DC

Case 1:98-cv-00720-GWM
Lorin Po~er

Document 317-2

Filed 04/18/2005

Page 9 of 13
Februaryll, 2004

Overgaard, AZ Page 32 1 2 3 4 time 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 go back used and lag St. specific Q. -BY MR. HABRINGTON: Specifically on the answered. You THE are free to answer. The question is on each St. Q. was Joe used going MR. to object MR. SALTMAN: away. HA_RRINGTON: That's fine. what of the lag You can ask away, and I 'm

BY MR. HARRINGTON: in performing your

Do you know analysis

contract? MR. SALTMAN: Objection; asked and

WITNESS:

Joe contract. A. I don't to that. as accurate remember I just the specific I did time it, in I felt

relation it was Q. time A.

know

when get

as I could

it. figure out what

Do you know how you would was used for the St. Joe

contract? the mill

Simply

by watching actually

it go through produced at the

transported

and

other

mill.

Q.

Let me phrase When you did

the this

question analysis, out what

differently. can lag you time now you

to anything

to figure the St. Joe

in analyzing

contract?

AIdersonReportingCompany, Inc. 1111 14th Street, N.W.Suite 400 1-800-FOR-DEPO Washington,DC20005

Case 1:98-cv-00720-GWM
Lorin Porter

Document 317-2

Filed 04/18/2005

Page 10 of 13
FebruaryI 1, 2004

Overgaard, AZ Page33 1 2 3 4 5 6 7 8 9 l0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 that your want used. A. Then I can't tell you. you lag could time look you at used so in the now you A. lumber
Qo

A. there's that

Can anything

I now that

go back

to anything?

I doubt down

is specifically weeks or two

written weeks

says

it was

three

or four

weeks. I don't that I jogged down think there's anything I just it was like went in my best this is the that

in my memory. and said

through estimate, best

it piece and

by piece

in watching I could make.

it go through,

estimate Q.

Do you know of the

what

lag time

was

used

in

your

analysis

U-bar

contract? asked and

MR. SALTMAN : answered. THE WITNESS:

Objection;

Same

scenario. And you lag mean time it, right -seeing

BY MR. H_AB_RINGTON: do not know what

specific

Similar at the I'm not

as St. Joe, different asking specific

watching

mills. how you lag did it. I simply in fact,

to know

what

time

was,

Q.
you

Is there could

anything what

determine on the

analysis

U-bar

contract?

AldersonReportingCompany, Inc. 111114th Street, N.W.Suite 400 1-800-FOR-DEPO Washington,DC20005

Case 1:98-cv-00720-GWM
Lorin Porter

Document 317-2

Filed 04/18/2005

Page 11 of 13
February11,2004

Overgaard, AZ Page 34 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 what
Qo

Not that Can your analysis you of

l'm aware tell

of. lag time you used in

me what

the

Hutch-Boondock Objection;

contract? asked and

MR. SALTMAN : answered. THE you the specific most WITNESS: lag

Same

answer.

I can't know

tell it

time

I used.

I just

was done Q. that you

accurately

I could

do it. have anything to the lag time

BY MR. could

HARRINGTON: back

Do you

refer

to with

respect out what

Hutch-Boondock you used A. Q. something A. the time in the

contract analysis not.

to figure of that

contract?

Probably You you say,

"Probably be able that

not."

Is there to? be with there's -- all a way

might

to refer it would

No. that's you

I think gone by,

I don't for

think it.

in the Q. used

world

could know

look what

Do you

specific Brann

lag

time

you

in your

analysis SALTMAN:

of the

contract? asked and

MR. answered. THE

Objection;

WITNESS:

Same

answer. No, you don't know

BY MR. time

HARRINGTON: was used?

specific

AldersonReportingCompany, Inc. 1111 14th Street, N.W.Suite 400 1-800-FOR-DEPO Washington,DC20005

Case 1:98-cv-00720-GWM
LorinPorter

Document 317-2

Filed 04/18/2005

Page 12 of 13
February11, 2004

Overgaard, AZ Page35 1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. anything with you answered. THE WITNESS: I don't know specifically. you don't there answered. THE WITNESS: is nothing other specific what Same that answer I know there, that that is what A. others. that No, The same I don't at the answer know time I had in reference to the know

specifically. what

I just I was

I knew

specifically

using. Q. lag How about time you used the Mud contract; the do you Mud know

to analyze Objection;

contract? and

MR. SALTMAN :

asked

recorded Q.

than

I used. And here today you was?

BY MR. HARRINGTON: what that specific

know A. Q.

period

of time

No, I don't. And how about what lag time the Brookbank used contract; the do

know

you

in analyzing

Brookbank

contract? MR. SALTMAN: Objection; asked and

BY MR. H/LRRINGTON: could to the I don't Is there refer

And do you know of out the answer

to to figure contract?

respect A. Q.

Brookbank know

specifically

at this

time. to

anything

you might

be able

Alderson Reporting Company, Inc. 1111 14th Street, N.W.Suite 400 1-800-FOR-DEPO Washington, 20005 DC

Case 1:98-cv-00720-GWM
Lorin Porter

Document 317-2

Filed 04/18/2005

Page 13 of 13
February11, 2004

Overgaard, AZ Page 36 1 2 3 4 5 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what long, two Q. does A. sell Q. contract, A. Q. A. Q. A. charts this refer to? A. experience. Q. exhibit Looking -MR. or the MR. MR. SALTMAN: text? HARRINGTON: SALTMAN: The Okay. Under the Brookbank charts. Are you talking about the at the second to last page of Nothing that I'm aware of, other than my

BY MR. it has Yes. What

HARRINGTON: a list

of products

produced.

is Paragraph grade sort

99 redress? of lumber. of grade? that we would the me they to

A specific What

is that

Paragraph

99 is a grade manufacturer rules.

to an industrial It has

to rerip If you you want what

lumber. go over are.

specific I can

those,

probably

tell

I think and

it was inches

50 percent, wide. RWL

nine

inches

a half about mean?

How that

five-quarter

radius

edge;

Five

quarter

random

width

and

length

AldersonReportingCompany, Inc. I 11 l 14th Street, N.W.Suite 400 1-800-FOR-DEPO Washington, 20005 DC