Free Status Report - District Court of Federal Claims - federal

8318812885

Case 1:98-cv-00720-GWM

17:55

282-775-8217

SAI-TNAi"I STEVENS AND

PAGE

82/83

Document 293-5

Filed 03/15/2005

Page 1 of 2

SALTMAN& STEVENS,P.C.
(202) 459--2140 Fam(202) 776-8217 rgoeken@saltraanand~te¢,ena.com

Eraail:

March8; 2005 VIA FACSIMILE David A. Harrington U.S. Department Justice of CommercialLitigation Branch Civil Division Arm:Classification Unit 1100L Street, N.W.,8t~ Floor Washin~on, D.C. 20530 Re: Dear David: This letter is in responseto yourfirst letter of March 2005.In that letter, youraise the 7, issue of verification of interrogatory responses.After receiving your letter, I had a chanceto reviewthe law on this issue. It is well-settled that a '~corporateparty" mayrespondto interrogatories throughits agents, that such agents include counsel, and that the signature of counselis suff/cient verification o f interrogatoryresponses.See, e_.,g~a..GIuck AnsettAnstralia v. Ltd., 204 F.R.D. 217, 221 (]9.D.C. 2001) (Collecting numerous authorities), accord Ciw Chicagov. ReliabIe Track Parts Co. Inc., I989 WL 32923* 3 (N.D. IlL 1989) ("The point is that a co~orafion has relationships with irmumerable individuals whowouldbe appropriate agents for pleading and discover), purposes"). Therefore, becausethe interrogatory responsesin this matter were signed by counsel/.G~., Precision Pine's agent), the government been provided has with the required verifications. I believe these cases resolve the matter, but if youdo not share myview, please let meknow. Withregard to the end date of the suspensionscaused by the injunction, the documents cited in your letter demonstrate that this suspensionwaslifted for sales on the Apache-Sitgreaves National Forest as weI1as for sales on the CoconJno National Forest by letters dated December 5, 1996, i.e, seven of the 10 sales that remained suspended that time. Additionally, this at suspensionon the Salt sale waslifted by letter dated December 1996and on the Manaco 9, sale by letter dated December 1996.We willing to stipulate to these facts. I ~dll attempt to 10, are incorporatetheminto the revised draft stipulations that I an working i have not located a on. letter lbrmaily lifting the suspensionon the Saginaw-Kennedy If you have included such a sale. letter on yourpreliminar7 exhibit list, pleaseidentify it for us. Precision Pine & Timber. Inc. v. United States, CoFC 98-720C No.

M~qR-~18-288518:82

202 ?75 8217

98X

P.O2

83/88/2885 17:55

Case 1:98-cv-00720-GWM

282-775-8217

Document 293-5

SALTMAH AND STEVENS

Filed 03/15/2005

Page 2 of 2

PAGE

83/83

Da,,'id A. Harr~ngton U.S. Department Justice of March ~, 2005 Page 2 Yourletter also discusses your desire to confirmthe informationset forth in the summary exhibits that weproposeto use at trial. As you will note, in accordancewith ¶ 13(a) of RCFC Appendix for each summary A, exhibit, wehave des~ibed the source(s) for the items or figures set foruh on the summary, indicated that the source(s) were(or are nov,-) in the possessionof gowa-nment, noted the person(s) whoprepared the surrmaary. Byand large, howthe and summaries were complied qui~:e obvious; however,to the extent that there are questions in this is regard, and becausecounsel-produced nearly all of the summaries the direction of Precision at Pine, Alan and/or I wouldbe morethan willing to sit down with you at a mutuallyconvenient time and explain howthose summariesregarding which you have questions were prepared: In addition, if you wouId us know let whenthe government will be conductingits examinationof the source materials (which you already have) for each document,we will also makethe person(s) whoprepared the document avallable at that time to provide any farther explanation that is necessary. Finally, as notedin your letter, wetoo anticipate that the government shouldbe able to stipulate to the informationcontainedon Precision Pine's summary exhibit with respect to postsuspension timber sale offerings, as that surrmaary exhibit is derivedfrom informationreported by the Forest Serviceitself. Verytruly yours,

~
RWG/bjr

2~NS,

P.C.

Richard W. Ooekcn

MRR-88-2885 !8:82

282 775 82i7

97%

P.83