Free Witness List - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 289

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PRECISION PINE & TIMBER, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 98-720C (Judge George W. Miller)

PLAINTIFF'S FINAL WITNESS LIST Pursuant to the Court's order of January 4, 2005 and Appendix A, ¶ 15, plaintiff identifies the following witnesses to be called at trial in this matter. Plaintiff reserves the right to amend this list in accordance with the Court's Order and the Rules of the Court of Federal Claims. 1. Lorin Porter Precision Pine & Timber, Inc., President P.O. Box 70 Heber, AZ 85928 Phone: (928) 535-9112 Anticipated Testimony: Timber acquisition, anticipated performance, mill operations, mitigation, product sales, general corporate operations, claim history, various items of damage, claim preparation time, company history, mill acquisitions. All matters discussed at his deposition. Rebuttal testimony as necessary based on events at trial. 2. Lewis Tenney Precision Pine & Timber, Inc., former Vice-President Home mailing address: P.O. 219, Heber, AZ 85928 Home Phone: (928) 535-3212

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Anticipated Testimony: Logging and hauling operations, mill acquisitions, timber acquisitions, general corporate operations, claim history, company history. All matters discussed at his deposition. 3. Stephen Reidhead Tri-Star Logging, Inc., President 140 S. Otto Drive Snowflake, AZ 85937 Phone: (928) 536-7848 Anticipated Testimony: Timber and pulpwood logging and hauling generally and on behalf of Precision Pine on the sales at issue in this case. All matters discussed at his deposition.

4.

Robert Ness 35670 Myrtlewood Lane Pleasant Hill, OR 97455 Phone: (541) 747-8940 Anticipated Testimony: Contents of expert report as to the calculation of damages caused by the suspension; the financial results of post-suspension harvesting, content of defendant's expert reports, etc. All matters discussed at his deposition. Rebuttal testimony as necessary based on events at trial.

5.

Martin Devere Consulting Forester P.O. Box 457 Tombstone, AZ 85638 Phone: (520) 457-3557 Anticipated Testimony: Contents of expert report as to operations at sawmills in Arizona, including overrun factor. All matters discussed at his deposition. Rebuttal testimony as necessary based on events at trial.

6.

James Matson Vermillion Services, Inc. 135 W. Kanab Creek Dr. Kanab, UT 84741 Phone: (435) 644-8841 2

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Anticipated Testimony: Contents of expert report as to operations of Forest Service timber sales in Region 3 of the Forest Service in the 1990s, specifically including the impact of the permanent loss of a chip and/or pulpwood outlet on operations of Forest Service timber sales in Region 3. All matters discussed at his deposition. Rebuttal testimony as necessary based on events at trial. 7. Ron Lewis 1417 N. Concord Rd. Concord, MI 49237 Phone: (517) 524-6089 Anticipated Testimony: Forest Service operations and procedures. The Forest Service's knowledge regarding potential impact of a suspension on it timber sale contractors. All matters discussed at his deposition and in his declaration in this case. 8. Doug McDonald Timber Data Company, President P. O. Box 10065 Eugene, OR 97440-0065 Phone: (541) 485-6239 Anticipated Testimony: To the extent not stipulated to by the parties, the volume of timber offered by the Forest Service in the post-suspension period. 9. Paul Fink Appraisal programs USDA Forest Service - Southwestern Region Federal Building, 517 Gold Avenue, S.W. Albuquerque, NM 87102 Phone: (505) 842-3423 Anticipated Testimony: The Forest Service timber sale appraisal process. All matters discussed at his deposition. 10. Jeff Hogg Mensurationist USDA Forest Service - Southwestern Region Federal Building, 517 Gold Avenue, S.W. Albuquerque, NM 87102 Phone: (505) 842-3423 3

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Anticipated Testimony: The calculation of timber and by-product volumes by the Forest Service and in the forest products industry. All matters discussed at his deposition. 11. William K. Broyles 6020 Silver Saddle Rd. Flagstaff, AZ 86004 Phone: (928) 526-2158 Anticipated Testimony: Mr. Broyles will, if called, testify about the terms and operation of the contracts at issue, the conduct of the parties in connection with the contracts at issue, his knowledge of Precision Pine and its operations, and any other matters discussed at his deposition. 12. David P. Harris 333 Broadway Blvd., S.E. Albuquerque, NM 87102 Phone: (505) 842-3426 Anticipated Testimony: Mr. Harris will, if called, testify about the terms and operation of the contracts at issue, the conduct of the parties in connection with the contracts at issue, his knowledge of Precision Pine and its operations, and any other matters discussed at his deposition as well as his participation in this litigation, including the declarations he has submitted. 13. Robert J. Leaverton 1920 Valley Drive Pueblo, CO 81008 Phone: (719) 553-1400 Anticipated Testimony: Mr. Leaverton will, if called, testify about the terms and operation of the contracts at issue, the conduct of the parties in connection with the contracts at issue, his knowledge of Precision Pine and its operations, and any other matters discussed at his deposition. 14. Susan N. Lee 333 Broadway Blvd., S.E. Albuquerque, NM 87102 Phone: (505) 842-3281

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Anticipated Testimony: Ms. Lee will, if called, testify about the terms and operation of the contracts at issue, the conduct of the parties in connection with the contracts at issue, her knowledge of Precision Pine and its operations, and any other matters discussed at her deposition. 15. Robert O. Wagenfehr 8122 W. Montebello Avenue Glendale, AZ 85303 (623) 931-6471 Anticipated Testimony: Mr. Wagenfehr will, if called, testify about the terms and operation of the contracts at issue, the conduct of the parties in connection with the contracts at issue, his knowledge of Precision Pine and its operations, and any other matters discussed at his deposition. 16. Alan Lucas Former Timber Sales Group Leader Last known Address: USDA Forest Service - Southwestern Region Federal Building, 517 Gold Avenue, SW Albuquerque, NM 87102 Phone: (505) 842-3423 Anticipated Testimony: To the extent not stipulated to by the government, verification of contents of declaration submitted February 14, 1995 (Pl. App. 290291). 17. Milo Larson Former Director of Forestry and Forest Health Last known Address: USDA Forest Service ­ Southwestern Region Federal Building, 517 Gold Avenue, SW Albuquerque, NM 87102 Phone: (505) 842-3423 Anticipated Testimony: To the extent not stipulated to by the government, verification of contents of declaration submitted May 28, 1997 (Pl. App. 292293).1

Based on conversations with counsel for defendant, plaintiff anticipates being able to stipulate to the authenticity of various other documents prepared by the Forest Service, however, 5

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18.

Charles P. Adkins Adkins & Company 8435-A Backlick Road P.O. Box 1213 Newington, VA 22122 Phone: (703) 339-1090 Anticipated Testimony: Mr. Adkins will, if called, testify about the subject areas addressed in his expert report.

19.

Arthur M. Daley 12190 N. Peaks Parkway Flagstaff, AZ 86004-5588 Phone: (928) 527-4625 Anticipated Testimony: Mr. Daley will, if called, testify about timber and pulpwood logging and hauling on behalf of Precision Pine as well as the harvesting and sale of material from the Brann multi-product sale.

20.

Clifford J. Dils 1474 Rodeo Road Santa Fe, NM 87505 Phone: (505) 438-7817 Anticipated Testimony: Mr. Dils will, if called, testify about the terms and operation of the contracts at issue, the conduct of the parties in connection with the contracts at issue, and his knowledge of Precision Pine and its operations.

21.

David Mauer Black Mesa Ranger Station 2748 Hwy 260 P.O. Box 968 Overgaard, AZ 85933 Phone: (928) 535-4481 Anticipated Testimony: Mr. Mauer will, if called, testify about Precision Pine's harvesting practices and Precision Pine's operation of the contracts at issue.

to the extent that this does not prove to be the case, plaintiff reserves the right to call the authors and/or custodians of such records. 6

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22.

Wayne G. Moosman National Nuclear Security Administration Kirtland Air Force Base Pennsylvania & H Street Building 384- 3rd Floor Albuquerque, NM 87114 Phone: (505) 845-5364 Anticipated Testimony: Mr. Mossman will, if called, testify about the subject areas addressed in his expert report.

23.

Ian P. Munn Professor, Forest Economics and Management Box 9681, Forestry Department Mississippi State, MS 39762 Phone: (662) 325-4546 Anticipated Testimony: Mr. Munn will, if called, testify about the subject areas addressed in his expert report.

24.

Jonathan A. Neuberger Economists, Inc. 5980 Horton St. Emeryville, CA 94608 Phone: (510) 547-6910 Anticipated Testimony: Mr. Neuberger will, if called, testify about the subject areas addressed in his expert report.

25.

Dan Panks Sedona Ranger Station 250 Brewer Road Sedona, AZ 86336 Phone: (928) 203-7517 Anticipated Testimony: Mr. Panks will, if called, testify about Precision Pine's harvesting practices and Precision Pine's operation of the contracts at issue.

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26.

Alan Schirman Chiloquin Ranger District 38500 Highway 97 North Chiloquin, OR 97624 Phone: (541) 783-4028 Anticipated Testimony: Mr. Schirman will, if called, testify about Precision Pine's harvesting practices and Precision Pine's operation of the contracts at issue. Respectfully submitted,

s/Alan I. Saltman SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Counsel for Plaintiff OF COUNSEL: Richard W. Goeken SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Washington, D.C. 20006 (202) 452-2140 Dated: March 7, 2005

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