Free Notice (Other) - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM
Harrington, David From: Sent:
To: Cc: Subject:

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Filed 03/15/2004

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[email protected] Thursday, March 20044:44 PM 11, GWMiller_cham [email protected] Harrington, David Precision Pine v. USNo. 98-720C

Dear Judge

Miller matter on Tuesday we leading up to a trial in 2004 and e-mailed them letter in that regard

Per the status conference that was held in this have identified the steps that we would propose the above referenced matter commencing June 14, over to Mr. Harrington's office yesterday. (Our is attached.)

Mr. Harrington has called and advised me that the government believes that the proposed schedule is too aggressive particularly in light of the briefing schedule that was just established in 02-131C. He also indicated that the government does not agree with our suggested use of written witness statements in lieu of direct examination. Respectfully Submitted

Alan I. Saltman SALTMAN & STEVENS, P.C. 1801 K Street, NW Suite MI10 Washington, D.C. 20006 Ph: (202) 452-2140 Fax:

(202) 775-8217

This electronic message transmission contains information from the law firm of Saltman & Stevens, P.C. which may be confidential or privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us immediately by telephone (202)452-2140 or by electronic mail at the above address.

Case 1:98-cv-00720-GWM

Document 224-2

Filed 03/15/2004

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SALTMAN & STEVENS, P.C.
1 ~01 K Street, N.W., Washington,D.C. 20006

(202)452-2140
E-mail: Fax: (202) 775-8217 asaltman@sadtma_v.andstevens.com

March10, 2004 VIA E-MAIL David A. Hardngton, Esq. U.S. Depa.mnent Justice of Commercial Litigation Branch Civit Division Attn: Classification Unit 1100L Street, N.W.,8~ Floor Washington, D.C. 20530 Re: Dear David: Per JudgeMiller's request, set forth beloware the steps that wewouldproposeleading up to a trial commencing I4, 2004. As youw~ll note, in an attempt to shorten the trial, we June would also suggestthat for non-hostile, non-expertwitnesses, file parties submit~vritten witness statementsin lieu of direct examination.Ourcalculation is that this wouldsave about two weeks of trial time. Suchbeing the case, althoughthe scl~edule belowis based on the trial commencing Jvane14, 2004,wethink that it would possible to move trial date backa weekor so: say to be the June 21, whichwouldpermit all other dates to move back a weekas well. Ourproposed scheduleofpre-trial activities is as follows: Exchange preliminary witness lists Exchange final witness list~ Exchange lists of proposed ex_hibits Discuss any i~sues of admissibi!ity of testimonyand exNbits Make assertions to the court about im~dmissibility, any file motions limingetc. in March 19, 2004 March 31, 2004 April 30, 2004 May6, 2004 May14, 2004 Precision P__ine & Timber. ~e. v. United Staes, CoFC 98-720C No.

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2~2 775 8217

Case 1:98-cv-00720-GWM

Document 224-2

Filed 03/15/2004

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David A. Harrington, Esq. U.S. Departmeatof Justice March 10, 2004 Page 2 Finalize the proposed list of all exhibits and preparefour completesets of same Tendays after the for com-t'sruling or May 21, 2004 (which ever is later)

Submitand exchangewritten testimonyfor all non-lmsfile, May28, 2004 non-expertwimesses setting forth, in question and answerformat, their testimony on direct examination. (Witnessstatements for experts wouldbe optional) Holdpre-trial_ conference deal with arty remaining to matters Commence Trial June 1,2004 June 14, 2004

Please reviewthe aboveand, totally withoutprejudice to the government's position that dispositive motionsprior to trial is the best wayto proceed,let meknow your thoughts. Sincerely yours, SALTMAN STEVENS, P.C. &

Alan L Saltman AIS/ecf