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Case 1:98-cv-00868-FMA

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Case 1:98-cv-00868-FMA ANTHONY BATTAGLIN, Document 98-14 RICHARD
Page I I IN THE UNITEDSTATESCOURTOF FEDERAL CLAIMS 2 3 L.P. CONSULTING GROUP, INC., ) 4 PlDintiff, ) 5 vs. ) CaseNo. 6 THE UNITEDSTATESPOSTAL) 98-868 7 SERVICE, ) {JudgeAllegra) 8 Defendant. ) 9 10 The deposition of RICHARD ANTHONY 11 BATTAGL1N, for examination, taken pursuanl to called 12 the FederalR.ulesof Civil Procedure the United of 13States District Courtspertainingto the tak!ngof 14 depositionsfor the purposeof discovery, taken 15 before Janet L. "Robblns, No. 84-2207,a N~ltary CSR ] 6 Public withinand for the County Cook,Stale of of 17 Illinois, and a Certified Shorthand Reporterof said 18state, nt Suite 33g0,ThreeFirst National Plaza, 19 Chicago,Illinois, on the 10th day ofJuna, A.D. 20 2004. at 1:36 p.m. 21 23 24

Filed 04/06/2005 JUNE 10,2004

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Page3

(WHEREUPON, witness was duly the 1 2 sworn.) 3 R]CHAtLD ANTHONY BATTAGLIN, 4 called as a witnessherein, havingbeenfirst duly 5 swum, examined testified as follows: was and 6 EXAMINATION
7 BY MS, KIRCHNER: 8 Q. Please state your flail name and address 9 for the record. 10 A. Richard Anthony Battaglin, 10401 South 11 75th Avenue, Palos Hills, Illinois, 60465-2015. 12 Q. Mr. Battagtin, my name is Domenique 13 14 15 16 17 18 19 20 21 22 23 24 Kirctmer. I'm going to ask you some quest~ions today. If/askyou a question you do not understand, please let me know. Please remember that we both can't talk at the same time. Please remember, also, that you have to put oral -- you have to give us an oral response. If you shake your head, nod your head, that's not sufficient. We need an oral response on the record for the court reporter. Have you ever been deposed before7 A. Never. Q. Now, you're here pursuant to our request

Page 4 P~ge2 1 PILESENT: 1 for a depositionofyouin this lawsuit, correct? 2 BELL, BOYD& LLOYDPLLC, 2 A. Correct. 3 (1615L Street, N.W.,Suite 1200, 3 Q. This is a lawsuit brought by 4 Washington, D.C. 20036-5610, 4 L.P. ConsultingGroup,Incorporated, correct? 5 202-955-6830),by: 5 A. Correct. 6 MR. LAWRENCE PROSEN, M. 6 Q. Whatis your role with regard to 7 al~peared behalfof the Plaintiff; on 7 LP, Consulting Group, Incorporated? 8 UNITED STATES DEPARTMENT JUSTICE, OF 8 A. The corporate record would showI'm the 9 CIVIL DIVISION-COMMERCIAL LITIGATION BRANCH, 9 secretary/treasurer of the company the State of in 10 (1100L Street, N.W,,8th Floor, 10 Illinois, andmyfunction is project superintendent 11 Washington, D.C. 20530, 11 for the company. 12 202-307-0290),by: .12 Q. Doyou have any other titles for the 13 MS. DOMEN1QUE IcdRCHNER, 13 company? 14 appearedon behalf of the Defendant 14 A. No. 15 and the Deponent 15 Q. Who else is involved in ti~e company? 16 16 A. LindaM. Battaglin, thafs mywife. 17 ALSO PRESENT: !17 She'sthe president. 18 M]/. STEPHEN LOBAUGH, lmHousa Counsel, Q. Anybodyelse? 18 19 United Stales Postal Service. ! 19 A. No. 20 20 Q. During the time frame 1995 through 1999, 21 [ 21 did the company did LP. Consulting have any 22 besides yourself and your wife? 22 employees 23 REPORTED JANETL, ROBBINS,CSR, RPR, BY: 23 A. No. CERTLFICATE 84-2207 NO. :24 Q. Other than yourself and your wife, does 24 (Pages 1 to4) ESQUIRE 312.782,81 7ICAGO 14.4950

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RICHARD ANTHONY BATTAGLIN, JUNE 10,

1 was not contracted to provide scopes of work. I was required tbe closing of a postal service, whetherit 2 contracted to supply work, materials, labor and 2 be a dock area or customer lobby. Because Pm 3 equipment. But for whatever reason, the postal 3 removing lock boxes and because of the OSHA regulations that the postal service is nowunder, 4 service chose to do it this w~iy, to have myself and 5 a project manager,that's a big nebulous word, but 5 has been under, we had to, from time to time, come 6 those individuals to comeout and determine with the 6 in after or before thase hours stated to do work 7 postmaster, always, what work would be done in thdr 7 before the customer or the postal employeewas 8 facility, whenand what the limits wouldbe. And I'm contending on several occasions, 9 supplied to us to stay past those hours, but in most 9 10 I wentto thesejobs severaitimes, notjust once, 10 cases, we were denied by Mr. Rigsby or Mr. Southern 11 or Mr. McNabb Ms. Gunlogson to put those in my 11 and Pmsaying that I was denied these for other or 12 raasons, which I think - maybeI'm saying too much, I2 workorders that are in this litigation. 13 but I think it wouldappear that it wassteered in a 13 BY MS. KIRCHNER: 14 different direction, for whateverreason, whichI Q. You understand, you filed a complaint 14 that those few that I did 15 can't answer. I just "know and an amendedcomplaint in the Court of Federal 15 16 claim were ones that were - were ones that were 16 Claims, correct7 17 going to be given to me. 17 A. Uh-huh. 18 Q. Okay. Let's go on. Is thatayes? 18 Q. A. Yeah. 19 19 A. Yes. 20 Q. Referring to provision C.12b, which is 20 Q. Andyou'ra telling methat you're 21 included on Page 10 of 99 in Exhibit 48, which you contending that you weren't paid overtime 21 22 have in front of you. 22 for overtime hours worked? 23 A. lJh-huh. 23 A. No. I'm contending that the postal 24 Q. Now, can you tell me precisely how 24 service - as I rememberthe question, was what were
Page 34 Page 36

1 you're contending the government violated that 1 someof the reasons whyI'm filing a claim. And one 2 provision in this litigation? 2 of them was because - or mypoints in this case is 3 A. Well, it says, "The contract amount for 3 that I amdenied overtime if the work was to be 4 eanh work order will be the total of each unit price 4 ordered, which the work wasn't ordered. 5 included in that order, times the quantity required, 5 Q. So you're not - you're not claiming 6 times the multiplier entered on the proposal. This 6 here in this lawsuit that you did any workfor the 7 amountincludes all profit, overhead, bonds, 7 postal service and then didnXget paid overtime 8 insurance, and other contingencies and no allowance 8 hours for that work and you should have been paid 9 for such items will be made after contract award." 9 overtime hours for that work? 10 So what this is saying is that unless I A. The basis - I can't answer that 10 11 get a work order, 1 cannot recoup myprofit, 11 straight. I have to say it the wayit is. I'm not 12 overhead, bonds or insurance or any other I2 claiming these monies at all. rm pointing out to 13 everyone that the basis of mywork orders would have 13 contingencies. Andit says that no allowance for 14 any items will be madeafter that award. 14 included this work, and I think that's whyin some 15 So if they tell me to go visit a job i5 cases they didn't give me those work orders. 16 site and produce documents, drawings, my expertise, 16 Q. But aran't you really here because there 17 specifications that -- or submittals that I've 17 are certain work orders that you wanted that you 18 procured to help me secure the project, when they 18 didfft get from the postal service? 19 deny me the work order, I cannot reclaim any of 19 A. No. I have been denied work orders 20 those items without the work order. 20 before, but I was never summarilyrejected in this 21 Q. Okay. Was it your understanding that 21 case, as I'm claiming in myclaims. 22 you could not reclaim any ofthose items without 22 The particular projects that I've 23 issuance of a work order by the government? 23 claimed were ones that I had invested mytime in 24 A. Yes. 24 that I could not recoup according to mycontract. I 9 (Pages 33 to 36

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Q. And was it your understanding that you could not recoup any of those items without issuance of a formal workorder by the postal service which then you also signed? A. Yes. Q. $o have you told me how yoffre contending we violated that provision? A. Yes. I'm saying that because the contracting officer refused to, I guess for lack of a better word,negotiate for mytime and effort to visit the site and he refused to give methe work order, I cannot collect any of myoverhead, my profit, def'mitely mybondsthat it took to win the contract, and the insurance that's covering meto drive to these sites, that mygeneral Iiability and Wor-kmen's Comp.insurance covers me for the duration of this contract every area 1 go to, including the automobileinsurance. Q. Are you contending in the litigation that the government violated provision C. 12d of the contract, referring to Battaglin Exhibit 487 A. Yes. Q. That's the provision that begins, "Proposals mayinclude," correct? Page 38

1 A. Right. 2 Q. And what items are you referring to? A. Well, my submission of documents will 3 -4 reflect there are negotiated iine items that the 5 postal service would not put into the unit price 15 schedule through formal modification to the 7 contract, but I was still, nonetheless, tasked to do 8 the work. 9 Q. But in the litigation we have now before 10 the Court, are you complaining about any particular 11 line item that was a negotiated line item of a work 12 order that you and the postal service signed? A. I'm saying that the items -- the 13 14 documents I submitted in my claim have items that 15 were negotiated through all the zip codes on all -16 on both contracts for the period of two y6ars, and 17 at no time was there an attempt by the postal 18 service to add them in the unit price schedule to 19 make them a legal part of the contract. So we were 20 constantly open to a 25 percent limitproblem 21 outlined in the contract and by the contracting 22 officer, Mr. Rigsby. Q. Just clarify what you mean by "a 23 24 25 percent iimitproblem." Page40 1 A. Ifyou look at C.13 on Page 11, itemF, 2 "Schedule," meaningthe price schedule, I*m 3 assuming, "will be negotiated for each work order 4 before the work order is issued, provided, however, 5 that the cost of work not covered by the prine 6 schedule maynot exceed 25 percent of the total 7 amount of any work order." 8 Q. Lefs go on. Let's look at C.11, Work Orders, of Batraglin Exhibit 48 on Page 11 of 99. 9 MR. PROSEN: You mean C.13. 10 1l BY MS. KIRCHNER: Q. Sorry, C.13, WorkOrders, Page 11 of 99. 12 13 Are you contending that the govemment 14 violated Section A? 15 A. Yes. Q. And without reading this whole section 16 i 17 into the record, whichwe really don't need to do, ' 18 Mr. Battaglin -19 A. Okay. 20 Q. -- can you just tell mehow yoffre 21 contendingthat the government violated Section A of 22 C.13, WorkOrders? 23 A. Sure. Mr. Rigsby's coatention has been 24 that I have proceeded to do, quote, "unauthorized 10 (Pages 37 to 40)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

A. Yes. Q. Please tell me how you're contending the governmentviolated that provision? A. It says in the very first statement, "Proposals mayinclude all items as listed on the price schedule." Andsometimes you would do work or perform work or be asked to perform work that was not listed on the price schedule. Andit goes on to say, if youdo anything, delete it, change it it, will be causefur rejection. Q. Rejection of your proposal? A. Oftheproposal. Q. Meaningyour proposal you submitted to the postal service? A. I took it to be both ways. Q. Meaningeither the proposal you gave them or they gaveyou? A. Or a work order they sent me. Q. So as I understand what you're telling me, yoffre contending that the governmentviolated C. 12d becausetbere were items that were not listed on the price schedule-A. Well -Q. -- is that conect?

ESQUIKE DEP( 312.782.8087 8

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KICHARD ANTHONY BATTAG LFN, JUNE 10, 2004 Page 85 Q. Onyourcomputer? A. "No,this is handwritten. Q. "No, no. I'm trying to understand, The formitself, is the formitself in your computer? A. This is postal supplied. This form is postal supplied. Q. Andyou have copies of the blank forms that you could Xeroxand then use? A, That's correct. Q. You said that this referred to the '94 contract. You'rereferring to your '94 Indefinite Quantity Contract? A, Yeah. This probably is one of those carryoverprojects that I mentioned '94 to '96. from AndMr. McNabb picked up the baton after Mr. Steiner went backinto retirement, nowthat I'm looking at it and recollecting. And had to go back for a we secondvisit for whateverreason. Q. Did L.P. Consulting Groupin the '94 to '98 time frame ever do workat the East LynnPost Office? A. No, I did not. Q. Andas you sit here and you look at Exhibit 53, can youtell are whattype ofworkthis A. Yes. Everything-- item number across 2 here, this is all mywriting. 3 Q, So even when we fill out the items 4 themselves, thafs your writing? 5 A. Those are mywritings. 6 Q. How about this stamp? Wasthis a stamp? A. Yeah. It's like what you put on your 7 8 envelopereamaddress. That's what that is. Q. Can you explain to me, when you would go 9 10 outto the sites, wouldyou go out there with these 11 forms that already had the L.P. Consulting stampon 12 it? ' 13 A. Yes, and they already had these line 14 items laid out. " Q. With~egard to Exhibit 53, as you sit 15 here today, do you remember makinga site visit in 16 1995 with Paul Steiner at East Lynn? 17 aboutNovember 18 A. Yes. how 19 Q. Do you remember that site visit came 20 about? 21 A. Typically, most visits were a call from 22 either SamSouthernor BobRigsby to malta a date 23 with whoevertheytold me to makethe date with. 24 Andin this case it wasMr. Steiner. Andwe talked,

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Page 86 1 is addressing based on the document itself?. 2 A. Welt, looking at the document, now that 3 I see the document,it reiterates what I said 4 before. Upat the top says "ExpensePA," so that 5 tells methe other one was capital. And looking at this, this looks like 6 7 this was a lock box lobby renovation, let's see, 8 putting a new postal fumished IRT. So this was 9 what we would call a lock box lobby renovation with 10 miscellaneous, looks like, tile, just as the it 11 document reads, painting, electric, 12 Q. In whose handwriting is the upper 13 portion of the documentwhere you have the contract 14 number,project description, location, project ~ 15 authorizafinn numberand the date? 16 A. The date, the project daseription and 17 tile project authorization nnmberare not mywriting, 18 and I do not "knowwhosethat is. Q, But yoaql take the East Lyrm? 19 20 A. East Lynnis not mine. 21 Q. O11. 22 A. l'm goingto guessifs Paul, but... 23 Q. Okay. But earlier you said that 24 portions of this did have your handwritingon it.

I "What'syour schedule like?" Andwe wouldvisit 2 morethan one job at a time, so this was probablyin 3 conjunction with anothersite visit. It's a long 4 way goto see just onelittte job like this. to Q. Now,do you have any draft work orders 5 6 that relate to the $32,775workorder amount the for 7 East Lynn building renovationthat's in your claim, 8 Exhibit 52? 9 A. No. Onlythe postal service can provide 10 a draft workorder. 11 Q. Remember told me you went out with you 12 Mr. Me'Nabb you scoped out the work? Doyou have and 13 any scopes of work, any documents, draft scopes of 14 workthat relate to the $32,775East Lynnbuilding 15 renovationthat's part ofyourclaim, Battaglin 16 Exhibit 527 A. At the time of the claim, April 13th. 17 18 1998, we had these documents. 19 Q. Canyoutell mewherethey are now,sir7 wherethey are. 20 A. I don~tknow 21 Q. Didyou get all of your documentation 22 that youcould obtain fromthe formerlaw firm7 23 A. Yes. Andall I had was Paul Steinees, 24 which think I gaveyou, but Pmnot sure. I think I 22 (Pages 85 to 8~

ESQUIREDF ..... 312,782.808'

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RICHARDANTHONY BATTAGLIN, JUNE 10,2004

I so. But I'm not even sure of that. So whatever 2 they sent back to mewas what I used. 3 Q. Andyou don't have that today? 4 A. No,I don't. 5 Q. The site visit you remember having with 6 Mr. McNabb East Lynnthat you told meabout, did at 7 you prepare any drawings atthe site - atthe time 8 of the site visit? 9 MR. PROSEN: Objection, asked and answered. 10 BY THE WITNESS: 11 A. Yes. 12 BY MS. KtRCHNER: 13 Q. Whattype of drawings did you prepare? 14 A. Roughsketches, layouts, diagrams. 15 Q. Do you have any of those rough skatchas? 16 A. All myoriglnai work went to the postal 17 service to be converted into a draft workorder that 18 I wouldsign and return to themfor signature and a 19 notice to pranced to do the work. Q. So as I understandit, you're telling us 20 21 the processis this; Therewas a site visit, a 22 sanpe of workis prepared, that goes bank with the 23 postal service, then somethingcomesto you in the [ 24 mail, a copy of it from the postal service?

1 Q. Andthat alone? 2 A. And that's all I got from them. 3 Q. So you never got a computerized 4 generated work order7 5 A. No. That's whyI flied the claim. 6 Q. Now, when you and Mr. McNabbcompleted 7 the site visit at East Lyan, whatdid you think was 8 going to happennext? 9 A. Typically, I get a dmt~work order in 10 the mail from the postal service for meto review. l 1 IfI agree withthe final formthat it's in, I sign 12 myportion on the worldorder and return it to the 13 contracting officer for signature and then the 14 noticeto proceed. Q. Is that what you expected in the case of i 15 itselt~ 16 East Lynn 17 A. Yes. 18 (WHEREUPON,certain document was a markedBattaglin Exhibit No. 54 for 19 20 identificgtian, as of 6/10/04.) 21 BY MS. K1RCHNER: Q. Can you please take a look at what we've 22 23 markedas Exhibit 54 to your deposition, 24 Mr. Battaglin. This is a declaration of Sam

A. A draft work order. 1 Southern. Do you sea that, sir? 2 Q. Howis that different from what is taken 2 A. Uh-huh. 3 back out of the field from by the postal service? 3 Q. And do you see in Paragraph 4, 4 A. Ifs a computerized doeumant that the 4 Mr. Southern is stating, "I have reviewed postal 5 postal service generates and makesa financial 5 service files and records for information pertinent 6 commitmentand award to. 6 to the following construction projects," and he 7 Q. You never got anything like that for 7 mentions the East Lynn building renovation. Do you 8 East Lynn7 8 see that? 9 A. No, just mycopy of thls back. 9 A. Yes. 10 Q. So are you saying that when you scoped 10 Q. And do you see below that he says that 11 the postal service has not awardedcontracts for the 11 out workin the field with the postal service and 12 they took the scope of workwith them, that they 12 construction projects listed in Paragraph4? 13 wouldthen send you a copy of it so flint you had it I3 A. Yes, Ido. 14 for your files? 14 Q. 8o you see that? 15 A. In East Lynn's case, yes. 15 A. Yea. 16 Q. Whenyou told me that you - tell me 16 Q. Seeing that the postal service has not 17 more abant East Lynn. YanandMr. MeNabbseopeit 17 awardeda contract for the.East Lynnbuilding 18 out, he takes iL then they send you back something. 18 renovation, are you still pursuing the claim that 19 I'm not clear on whether they're sending you back violated someduty to you by failing 19 the govemmeat 20 the computerizeddocument they're just sending or 20 to give you a contract for the East Lynnbuilding 21 you back a Xerox copy of what you and Mr. McNabb 21 renovation? 22 generated in the field. Whatwas it? 22 A. Yes. 23 A. On East Lynn was my copy of the work 23 Q. And why, sir? MR.PROSEN: Objection, calls for a legal 24 that we performed at East Lynn. 24 23 (Pages 89 to 92) ESQUIRE

~1~.782,8 1062

IICAGO ~4.4950

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2004

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RICHARDANTHONY BATTAGLIN, JUNE t0,
Page 125

Pnge 127

1 simplified purchase, howeverhis contracting method 2 was. Someone else'did the work. 3 Q. Do you have any Nets on which you're 4 basing the contention that the gnvemment the let 5 wod~ whichis the subjant of Exhibit 557 6 A. Yes. I believe the binder shows that 7 after the '98 claim and after Mr. Southem's 8 affidavit to such, it showssomebody somework did 9 and work has been done there. 10 Q. Can you tell me what work you believe 11 was done at St. Anne? 12 A. I believe the interior and exterior was 13 accomplished, I think everything I measured 14 originally was accomplishedby someone else. 15 Q. yon think the work set forth in 16 Exhibit 55 was accomplishedat St. Aane? 17 A. Yes. 18 Q. What is L.P. Consulting contending 19 regarding the UnionHill post office? 20 A. I was -- I went to the site with a 21 project managerto determine what work wouldbe dane 22 at UnionHill, and accordingto this, it was 23 interior and exterior. 24 Q. You said that there was some document
Png~ 126

1 BY MS. KIRCHNER: 2 Q. Okay. Is all the handwriting on this 3 document your handwriting7 4 A. Correct. Q. That's your signature downthere at the 5 6 bottomof the document,correct? 7 A. Correct. Q. Whenyou sent the document to 8 9 Mr. Rigsby, did you send it to him on or about 10 May29th, 19977 11 A. Yes. Q, Andat the time you sent it to him, did 12 13 it haveall your notos on it there? 14 A. No. 15 Q. When you put the notes on it? did 16 A. I put the notes on it whenI copied my 17 attorney at the bottomand Mr. Southernat the 18 bottom. I mademynotes after myattorney 19 contacted 20 M21.. PROSEN: That's privileged. THE WITNESS: Okay. 21 MS. KIRCHNISR: was just saying when he did He 22 23 something. 124 MR.PROSEN: was starting to get into when He
Page 128

1 for St. Anne, somenote that you had in the 2 notebook. Do you think you can te&e a few minutes 3 sir, and showme which exhibit you're referring to? 4 A. Yes. 5 MR. PRosEN: You opened right to it. 6 BY THE WITNESS: 7 A. Wow, Tab 12. 8 BY MS, KIRCHNER: Q, Let mejust see that. 9 I0 MR. PROSEN: For the record, Tab 12is 11 Southern Exhibit 10. 12 BY MS. FdRCHNER: 13 Q. Tell us what is Southern Exhibit 10 that 14 you have in front of you. 15 A. This was a letter I sent to Mr. Rigsby 16 discussing -- or following up -- lefs see. Let me 17 read it. 18 MR. PROSEN: Take your time and read it. 19 BY THE WITNESS: 20 A. Yeah, this letter I sent to Mr. Rigsby 21 referring to a phone call I had with him regarding 22 the status of the workon these sites that I list 23 here. AndI makereference to the draft work order 24 and the sketch furnished for contract issuance.

1 his attorney -2 THEWITNESS: appreciate that, I 3 BY THE WITNESS: A. It was determined that I should put the 4 5 dates downon the documentbefore I would forget the 6 exact dates because we were discussing filing the 7 claim. 8 BY MS. IcdRCHNER: 9 Q. So this is at the time you were 10 discussing filingthe 1998 claim? 11 A. In that time frame. 12 Q. And you have in front of you Battaglin 13 Exhibit 51 and 52, which are your two etaims, 14 correct? 15 A. Yes. 16 Q. These are from March'98 and April '98, 17 correct? 18 A. Yes. 19 Q. Andit was at that approximate time 20 frame that you made the notes 21 MR. PROSEN:Objection. 22 BY MS. I(IRCHNER: 23 Q. - on Southern Exhibit 10, is that 24 correct? 32 (Pages 125 to 128)

ESQUIRE 312.782.8~

1

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'qCAGO 4.4950

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Case 1:98-cv-00868-FMA ANTHONY Filed 2004 RICHARD Document 98-14 JUNE 10, 04/06/2005 BATTAGLIN,
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ivIR. PROSEN: Objeation, misconstrues the 2 testimony. 3 BYTHE WITNESS: 4 A. Correct. 5 BY MS. KIRCHNER: 6 Q. You made the notes on Southern Exhibit 7 I0 at the request nfyour attorney, is that correcff 8 A. Correct. 9 Q. Now, at the time you made these notes on 10 this exhibit, tell me how you went about making these notes here. !112 MR. PROSEN: Objection, vague. 13 BY THE WITNESS: 14 A. I called everybody that's listed and 15 asked them whendid we visit it, ifI did not 16 already have the date myself on my- in mywork 17 order, ifI didn't write itup at thetop. Insome 18 oases, like I said, I have East Lynndownand others 19 I didn't. I contacted every one of these. 20 BY MS. IQ'-RCHNER: 21 Q. So the ones where you had the work order 22 and it had the date in it, you used that date, is 23 that correct? 24 A. Yes.
page I30

Q. How did you get the information for East 2 Lynn? 3 A. Paul Steinar, I think ifs on 4 Exhibit 53, 11/l 4/95 for him. Andthat was the same 5 time we vlsited Hnnpaston,if you look at the top. 6 Andthen with Jesse, itwas 10/17/95, wherel 7 visited East Lynn, Goodwine Claytonville. and 8 Q. Explain to me, for East Lynn, are you 9 telling me you called up Jesse MeNabb you're or 9 telling meyou remember 10 it. I 1 A. I talked to Jesse and just said, "Do you 12 recollect this?" "Yeah," and he gave me the date, 13 10/17/95. 14 Q. You put the date that Jesse gave you on 15 this document,right? 16 A. Yes. 17 Q. At the time you were making these notes 18 in 1998, did you, yourself, have a recollection of 19 beingat East Lynn on 10/17/957 20 A. I knew it was in October because - that 21 particular date because it was - as I said before, 22 that was the date O.J. - the decision on O.J, came 23 and that was significant at that time in '95. 24 Q. At the time you made these notes in
Page 132

1 1998, did you remember that you had bean at St. Anne 1 Q. Andthe others you made a telephon e 2 onMay24th, 19967 2 call7 3 MR.PROSEN: Objection, asked and answered. 3 A. Correct, 4 BY THE WITNESS: 4 Q, Andwhat did you de for Hnnpeston? 5 A. Oh, sure, I mean, not the specific 5 A. Hoopaston,it was on the work order. 6 6 date. 1 tried - as I said before, I tried to nail Q. Whgtdid you do for St. Anne7 7 A. St. Anne and Momence, called Sam 7 the date down - so I can a~achthe particular to I 8 Southern bank up, and he looked in his phone record 8 date for getting records. 9 BYMS. KIRCHN R: 9 and said we were there - or his calendar and he 113said it was May 24th, '96. 10 Q. Okay. So you nailed it downthrough I1 Q. May24th, '96 was for St. Anne? 11 Sam? 12 12 A. I nailed Sam~sdownfor Sam, yes. A. And Momenee. 13 13 Q. Now, you also have a notation for Aroma Q. I see, That date is for two? 14 Park. Do you see that7 14 A. Correct. 15 15 Q. Youdidn't rememberin 1998 M~enyou A. Yes. 16 were at St. Anne and Momence7 16 Q. Whatare you indicating there in your 17 A. I specifically wantedthe exacl date for 17 notes7 18 reasons efpursuing the claim, postal documents,per 18 A. That's ~at Paul Stelnar and Catherine 19 diem, all that that applies to it sol can exactly 19 Marks, September of'95. 20 Q. Howdid you go about putting that 20 have a date so I can pursue getting all that 21 information downin your notes7 21 information whenthe time came. Q. 8o you put on the document the date Sam 22 A. I didn't have an exact date. Thafs 22 23 from myown notes. Thafs from mynotes. 23 gave yon for St. Anneand Momence, right? 24 Q. Wasit from notes or memory,sir, when 24 A. Correct, 33 (Pages 129 to 132 ESQUIRED

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1 you madethis notation in '987 2 A. It was from my note that we visited more 3 thanjust these sites in September. Wevisited 4 quite a few sites in Septemberof'95. But this 5 particular one, I didn't remember exact date the 6 and neither did Paul when [ talked to him, because 7 we had visited quite a few sites. 8 Q. Doyou recall talking to Paul -9 A. Sure. 10 Q. -- in 1998 for the purpose of making ] 11 your notes here on this exhibit? 12 A. I talked to him in late '97. 13 Q. You said you had some notes that you 14 used to make the notes on Southern Exhibit 10 with 15 regard to AromaPark. 16 A. Yeah. 17 Q. Whatnotes are you referring to7 A. I'm referring to work orders that I had 18 19 received. 20 Q. Can you be any more specific? A. Well, when you get issued a work order 21 22 and you start work-- we were in that area, and Paul 23 and Catherine Marlcs, that's who"CM" said, "If is, 24 you're in that area, let's visit Aroma ParE" so we
Page 134

and a telephone call for Beaver?tile and Bradley, is 2 that correct? 3 A. Correct. 4 Q. ls that a combination of memory and a 5 telephone call for Paplnean? 6 A. Yes. Q. Were you doing any work in the area of 7 8 the Bradley Post Office in Septemberof 19957 9 A. Yes. I was driving past there going 10 south on all ofthase sites. I1 Q. Whenyou say "all of these," whlch ones 12 are youreferring to, sir7 13 A. The ones you're referring to, Aroma 14 Park, Papineau, Boa?orville, UnionHill and Bradley. 15 Q. So were you on your way to other work7 16 A. They're all geographically clustered. I 17 So if they knew wasin the area, they'd say, 18 "Let's makea site visit. Since you're down there, 19 let's havea site visit." 20 Q. Other than these notes on Exhibit 10, do 21 you have any other notes that bear on the.dates of 22 site visits? 23 A. Me personally, no. MI1.. PROSEN: is a good time to stop. This i 24
Pnge136 :

t I visited AromaPark. Q. Do you recall what work you were 2 2 Park in Septemberof 3 3 performing in the area of Aroma 4 4 19957 5 5 A. No. 6 Q. Directing your attention to your notes 6 7 7 on Exhibit 10 with regard to Beavervilte, what are 8 8 you indicating there? 9 A. In Septemberof'95, I visited it with 9 10 10 Mr, Stelner. Q. Howdid you come to make that note in 11 11 12 1998 on Exhibit 10? 12 13 13 A, I visited Aroma Park - no, I'm sorry, 14 I visited -- I visited Aroma 14 Park and Papineauwith 15 Paul Steiner and Catherine Marksand Boa?orville and 15 16 Bradley with Paul Steiner by himself in Septemberof 16 17 17 '95. Andhow[ cameto that was just recollection of whenwe did that, asking Paul, and he said it was 18 18 19 19 on or about - sometimein September, Q. How did you get -- come to make the ~20 20 21 2I reference here to Bradley on these notes in 19987 22 22 A, The same way, talking to Paul and my 23 23 recolleetlan. 24 24 Q. So it was a combinationof recollection

(WI-~REUPON, the deposition continued to June I 1, 2004 at 8:30 a.m.)

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RICHARDANTHONY BATTAGL1N, JUNE 11,200~1 Page140 I IN THE[JNITEDSTATES COURT FEDERAl. OF CLAIMS 1 2 2 ,q 3 L.P. CONSUI,TING GROUP. INC., 4 Plaintiff. ) 4 ) Case Nn. 5 vs, 5 6 THEUNITED STATES POSTAL 98-868 ) 6 ) (Judge Allegro) 7 SERVICE, 7 Defendant. 8 8 9 9 10 The deposition of R1CHARD ANTHONY 10 11 BATTAGLIN, for examination, called taken pursuant-to 1 12the FederalRulesof Civil Procedure ofthe Uniled 12 13StatesDistrictCourts pertaining the takingo f to 13 ld depositions lhe purpose discovery, for of taken 14 15 beforeJanet L. Robbins. No.84-22(17, Notary CSR a 15 16 Public within andfor the County Cook. of State of 16 17 Illinois, and a Certified Shorthand Reporter &said 17 18state, at Suile 3300. Three First National Plaza, 18 19Chicago, Illinois, on the I lth dayof June,A.D. I9 20200'I,at 8:43a.m. 20 21 21 22 23 23 24 Page141 1 PILESENT: 1 2 BELL, BO~-~D LLOYD & PLLC, 2 3 (1615 8tree~, N.W., L Suite 1200, 3 4 Washin~on. D.C. 20036-5610, 4 by: 5 202-955-6830), 5 6 IvIR. LAWrRENCEPROSEN, M. 6 7 appeared behalfof the Plaintiff; on 7 8 UNITED STATESDEPARTMENT JUSTICE, OF 8 9 CIVIL DIV1SION-COIVD.'LERCIAL LITIGATION BRANCH, 9 I 0 ( I 100L Street,N,W., Floor, 8~h 10 11 Washington, D.C. 20530, I1 12 202-307-0290), by: 12 13 MS. DOMENIQUE KIRCHNER, 13 I4 appearedon behalfofthe Defendant 14 15 and the Deponent. 15 16 I6 17 ALSO P~SENT: 17 18 M'R. STEPHEN LOBAUGH, In*House Counsel, 18 19 UnitedSlates Postal Service. 19 20 20 21 21 22 22 23 REPORTED JANETL. ROBBINS, BY: CSR. RPR, 23 24 CERTIFICATE 84-2207 NO. 24

R1CHAPvD ANTHONYBATTAGLIN. called as a witness herein, having been previously duly sworn, was examinedand testified as follows: EXAMINATION(Resumed) BY MS. KIRCHNrER: Q. We'rehere, for the record, for the continuation of your deposition. Andyou understand you're still under oath? A, Yes. Q. Do you have any licenses, for example, engineering or architect or an?¢hing like tbat? A. No. Q. Have you ever had a license as an engineer, an architect? A. No. Q. Have you ever had a license regarding construction work? MR. PROSEN:Objection, vague. BY THE WITNrESS: A. What does that mean? BY MS. KIRCHNER: Q, Well, for example, have you ever had from a state governmenta license to perform construction work? Page143 A. Yes. Q, What licenses do you have? A. The City of Chicago business license. And how long bare you had that? Q. A. Continuously. It's renewed every year. I've had it since 1993. Q. Can you describe the nature of that license? IV[R. PROSEN:Objection, vague. BY THE WITNESS: A. Well, it's a business license. BY MS. KIRCHNER: Is it to do construction work? Q. A. In tbe City of Chicago, yes. Only inside the geographical limits of Q. the City of Chicago? A. Correct. Q, Have yon had an?' otber licenses related to performing construction work? A. Just in the local counties or little towns tbat requiPe it. Q. Do some towns in Illinois have a Pequirement for a license? A. Some of them have theiP little 1 (Pages 140 to

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measurementson the sheets? A. Yes. Q. Can we refer to these two documents as scopes of work for St. Anne? A. Yes. Q. Did you show these documents to Sam Southern at the time you were preparing them at the site visit? A. I took these documents and my sketch, Exhibit 56, and I believe it was one more for the inside that is not here, and he took it back to his office to discuss with Mr. Rigsby to send back to me whatever changes that they did, they mayhave added, subtracted to the scope. Andthen l would get a work order for myreview and signature to do the work. Q. So at the time SamSouthern took these scopes of workfor St. Anneback to the postal service, you had not yet filled in the extended price, is that correct? A. That's true. Q. Let's look, for example, on Exhibit 59. Let's take the first item, description.. It says "demolition bac'~oe," is that correct?
Page 153

1 tbe eight hours? A. No, because they could have made it zero 2 ~~ when sent work to they the order me. 4 Q. No. I'm talking at tbe site visit is 5 itself, whenthe document prepared at the time of 6 the site visit, and I want to understandthe 7 procedureat the time of the site visit A. Everything in here would have been 8 9 talked over with Sam. It wouldn't have just been 10 arbitrary. Q. So at the time of the site visit for 11 12 St. Anne, the procedure was you and he would talk I3 over the numberof hours and then you write downthe ! I4 hours that the two of you had discussed? A. Pretty much. 15 Q. Do you rememberit ever being different 16 17 duringthe site visit? I8 A. I'm sure possibly it could have been, 19 sure. Q. So sometimesyou would just ffil in the 20 21 number ofhoars and then sometimes the two of you 22 woulddiscuss it and you'd put it in the numberof 23 hours? 24 MR. PROSEN: Objection, misconstrues the
Page 155

1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 2l 22 23 24

1 testimony. A. Correct. Q. And then you have here unit measures, 2 BY THE WITNESS: A. I don't recall every meeting, but I 3 hours. Do you see that? 4 would say you probably could say it happened. But A. Yes, 5 at St. Anne, I "know we went over item. Q. And then what's the quantity? Eight. 6 BY MS. KIRCHNER: A. 7 Q. So you remember going over every item Q. Is that your handwriting, the eight? 8 with Sam at St. Anne? A. Yes. 9 A. Yes, pretty much. Howdid you go about deciding that eight Q. 10 Q. And that includes the number of hours was the appropriate quantity for the demolition 11 for various items, is that correct? backhoe bours at St. Anne at tbe time of the site I2 A. Yes. visit? 13 Q. Can we look at Exhibit 60 for St. Anne? A. I don't recall the specifics, but I 14 1 wouldlike to direct your attention to the third think we just determined that this service would have been required for a day. i 15 page of the exhibit And take, for example, the Q. Is that a determination that you and Sam 16 item, the third item down, it says "drywall." 17 What'sthe rest of that line? arrived at together, or was it your dete~Tnination 18 A. "Casing bead." that it was eight hours a day for backhoe I9 Q. And what does this refer to? demolition? 20 A. It's a product tbat you find or can buy A. Possibly both. I don't remember 21 for drywall. specifically talking about this particular item at 22 Q. And there, what was datermioed for this time, but it's possible. 23 drywall casing bead for St. Aane? Q. Is it also possible that it was just 24 simply your jodgment at the time aod you put it A. Ifl'm looking at tbi.s correctly, nooe 4 (.Pages 152 to 155' ESQUIRE E

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RICHAIKD ANTHONY BATTAGLIN. JUNEI I. 2004 I 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 was required. Q. Wasthat a judgmenl that you and Sam arrived at together or yourself? A. Oh, no, that's a common decision that we wouldhave madetogether. Q. Andmakeit together? ¯ A. Right. Q. l'm directing yourattention to Exhibit 55 that welookedat yesterday,sir. A. Uh-huh. Q. Anddo you recall this, that welooked at Exhibit 55 yesterday? A. Yes. Q. Anddo you rememberyou told me this is all in your handwritingand you preparedExhibit 55, is that correct? A. Yes. Q. But nov,, wehave the extend prices on the document,correct? A. Yes. Q. If welook at E "xhibit 55, can youlook at it, compare with E "xhibits 59 and60, andthen it satisfy yourself that this includes both the scope of workfor concrete at St. Anne then the scope and
e Page 157

Q. When yoo go about putting in the did 2 extended prices in Exhibit 55? 3 A. When submitted myoriginal copy to I 4 Mr. Southern, it wasat his discretion to add or 5 subtract any items in the quantity columnand send 6 it back to me. Andthen whenI took it for my-7 for my-8 Q. Your claim? A. -- myclaim, then I had filled in the 9 10 extended version. So whatever was in the quantity 11 column when sent it backto, I just carried it he 12 over to the extendedprice. Q. In 1998, at the time of your claim, you 13 i 14 werefilling in the extend price column, that is i 15 correct? 16 A. Right, because I realized I wasn't going 17 to get the workorder, so ] just took what he sent 18 back to meand then extendedit over. 19 Q. Andwhat he took at the time of the site 20 visit, as I understandfromyour testimony; is 21 Exhibits 59 and 60, is that correct, thetwo without 22 the extend prices? 23 A. Yes. 24 Q. Okay. Do you recall that earlier you
Page 159

1 of work for interior workat St. Anne~ 2 A. Yeah, it looks pretty similar. There 3 might be some-- somethingdifferent, but it looks 4 pretty similar. 5 Q. You remember-- all right. 6 Cm~ put in front of you Exhibit 60 you 7 and Exhibit 55? 8 A. Uh-buh. Q. As I understandit, v`,hat you're telling 9 10 us is at the time of the site visit, Exhibit 60 was 11 filled in and taken by -- you completedExhibit 60, 12 SamSouthern takes it back with him, and that at a 13 later poiut in time, you get back Exhibit 60 from 14 the postal service and then fill in the extended 15 prices, is that correct? 16 A. No. 17 MR.PROSEN: Objection, misconstruesthe 18 testimony. 19 BY THE WITNESS: 20 A. That's not correct. 21 BYMS. KIRCHNER: 22 Q. Remember you told us about Exhibit 55 23 that has the extendedprices filled in? 24 A. Yes.

1 told methat Exhibit -- yesterday you told me that 2 all of Exhibit 55 was in your handwriting? 3 A. Yes. 4 Q. ~ wouldlike to look at a particular 5 item on Exhibit 55, sir. 6 A. Sure. Q. Are you on the first page of Exhibit 55, 7 8 please? 9 A. Yes. I'm sorry, 55 and 60? 10 Q. Yes. Wecan look first at Exhibit 55. 11 AndI'm on the first page, and I look down the 12 description column I see there the item, "Misc. and 13 hourly labor, carpenter finish." Doyou see that? 14 A. Yes. 15 Q. And we have that same item on 16 Exhibit 60, the first page. Doyou see that? 17 A. Yes. Q. Anddo you see that on Exhibit 60, 18 19 there's 32 for the quantity hours, 32 hours, and 20 that on Exhibit 55 -- I'mgoinga little too fast. 21 I'm probably seeing this wrong.Sorry about that. 22 Doyou see on Exhibit 60 that there's 23 32 hours for the item "Misc. hourly labor, carpenter 24 finish"? Do you see that? 5 (Pages156to 159)

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A, Yes. Q, Andwhat does that refer to, that item? 2 A. That would be a line item that we would 3 bare determined to use for finishing, There's two 4 types of carpenters, and this was a finishing 5 carpenter or carpenters. 6 Q. And do you see that on Exhibit 55, the 7 quantity" is not 32 hours for that same item, but now 8 ifs 160 hours? Doyou see that? 9 A. Yes. I0 Q. You told me that that's your handwriting 11 on Exhibit 55, is that correct? 12 13 A. Yes. Q. Can you explain to me why it's 32 hours 14 for miscellaneous hourly labor carpenter finish on 15 Exhibit 60 and then it's changed to 160 hours for 16 miscellaneous houri), labor carpenter finish on 17 Exhibit 55? 18 A. I don't actually recollect the 19 conversation. But typically on these work orders, I 20 would be told we're going to do certain things 21 different, add certain hours or sometimes it would 22 even be changed for me ar I would receive a little 23 sticlcy note, add or delete certain things, and then 24
Page 161

A. Probably within a few days of receiving the document back from Mr. Southern. Q. Well, but do you remember that actually happening, sir? A. Receiving this? Q. No, making the change. A. Not exactly for St. Anne, but I know typically that's howwe did bu);iness. I mean, it would always be that way on all the work orders I ever did with him. That was typical, whether it would be Samor any other gentleman. Q. Let's look at the third page of Exhibit 60 and the third page of Exhibit 55 together. Do you see on Exhibit 60 for St. Anne there is zero as the quantity for drywall casing bead? Do you see that? A. Yes. Q. And do you see that on Exhibit 55, there is now275 for the drywall casing bead linear feet? Do you see that? A. Yes. Q. And did you make that change from zero to 275? A. Yes.
Page 163

1 I would make myadjustments on the return copy. Q. Do you remember.at what point in time 2 Because this copy and this copy 2 you made that change? 3 (indicating), with the exception of the writings 3 A. Typically within a few days after 4 the top, are two different copies. So be musthave, 4 receiving the change requested by the governmentor 5 whenhe sent me this -- I'm only assumingthat I had 5 the post office. 6 the typical SamSouthern, make your adjustments on 6 Q. But myquestion is: As you sit here 7 these work orders based or~ his conversation with 7 today, do you rememberat what point in time you 8 Mr. Rigsby or some other factor, maybe even with the 8 made the change? 9 post office. 9 A. Yes, within a few days of getting this 10 It's possible they increased the hours 10 documentand sending it back to him, I'm trying to 11 because they weren't going to giv~ me overtime. 11 get work, so I would have immediately responded to 12 this and sent it back to him with myadjustment 12 It's possible they gave meextra hours because the 13 nature of the work was going to be different, 13 acknowledgingit so he would produce a work order to 14 depending on -- at the time when they issue the work 14 me. 15 order to me. that's whenwe go over the final -- the 15 Q. So are you telling me that you and Sam 16 together prepared Exhibit 60, he takes it back to 16 draft work order that they produce and we go over 17 everything one more time. So that's possiNe that's 17 the postal service, the), mail it back to you so you 18 what happened. There cmddbe other quantities in 18 bare a copy identical to Exhibit 60, and then you 19 here that changed, too, for that matter. 19 makechanges to it and send it to the postal 20 Q. Now, the I60 on Exhibit 55 is your 20 service? 21 handwriting, correct? 21 A. Yeah, if they request it. Somethnes 22 A. Yes. 22 they don't. Sometimesit's no change; sometimesadd 23 O. Do you remember at wbat point in time 23 tbis; sometimesdelete that. Andthen l send it 24 you made the change titan 32 to 160? 24 back to them, and then they prepare their -- mywork 6 (Pages 160 to 1633 ESQUIRE ] 3~ 2.782.8(" 1069 tlCAGO 04.4950

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1 there's an additional line item there, "premium I But this is what 1 sent back. and the 5, oever 2 time"-2 returned anything, so... 3 A. Yes. 3 Q. Whenyou say "tbis is what they sent ¯1 Q. -- on Exhibit 55? d buck." what document are yoo referring to? 5 A. Yes. A. Exhibit 55 with all the changes that 5 6 Q. Is that all in your handwriting? 6 they requested. 7 A. Yes. 7 Q. Well, are you telling me at the time you 8 Q. lfyou could just read across on that 8 sent it back to them, it had the extend price column 9 line and tell mewhatyou're indicating on the last 9 filled out? I 0 line of Exhibit 55? 10 A. No. I1 11 MR. PROSEN: Objection, misconstrues the A. "Clause C-I2 premium~ime." And in the 12 quantib, time, it's a pementage. unit is The I2 testimony. I3 25 percent and the quantity is the amountof items 13 BY THE WITNESS: I4 covered by the workorder to the-- and then 1 put 14 A. No. I'm telling you that whatever 15 in the extended price. 15 quantities he needed me to adjust or line items to 16 Q: When you put that in on the did 16 omit or line items to add, I would make that 17 document.'? 17 adjustment and send it back to him. And then I A. Probably when he determined that we 18 18 think I've said that I extended the price forthe 19 would have to do somepremiumtime work when he said 19 sake of the claim. 20 BY MS. IgLRCHNER: 20 to mewe have to maybedo this on an extended 21 period. 21 Q. Well -22 Q. Do you rememberadding the line "clause 22 A. I could have left it blank. It wouldn't 23 C-12premium time percent, 25 percent, $10,395.68," 23 have made any difference. 24 and then the $2,598.92. Doyou remember adding fllat 24 Q. For the sake of the claim, did youadd
Page 173 page 175

1 line? 2 A. No, but I see I did. I mean, 1 know 3 this is mywriting. So at some point when I 4 received this back, I followed the direction and put 5 that down. 6 Q. But as you sit here today, you dofft 7 remember specifically when you did that? A. I only know that within a few days of 8 9 getting these back, I always would right away send I0 them back because then they would produce the work 11 order that would permit me to go do mywork 12 authorized. 13 So ifI didn't get it back to them, ifI 14 let this sit a month, I reduced mychances of 15 getting any work. So this would be expedient. A 16 couple of days of getting his requests back, I would 17 immediately send it back to them. 18 And tben they would produce the document 19 called a draft work order for myreview. Again, 20 that could have been readjusted again. They could 21 have readjusted it and did sonm other things and 22 scot it back to me for myreview. And then that 23 becomeswhat 1 will do. Then that will be what ] 24 will actoally accomplish if they madethat decisiou.

I the "clause C-12 premiumtime, 25 percent uaits, 2 $10,395.68," and then the extend price of SZ598.927 3 MR. PROSEN: I'm going to object, amlaiguous, 4 misconstrues the facts, lacks a foundation. 5 BY THE "WITNESS: 6 A. The answer is no. 7 BY MS. K3RCHNER: 8 Q. Do you have your original docume~l, sir? 9 A. No. All the originals would be takea 10 with them and then they would send me a copy back. 11 Q. But Exhibit 55 is a document that ymr 12 counsel provided me on Tuesday for the firsltime in 13 this litigation. 14 Do you have the originals that we ca~ 15 look at it? 16 A. I only have the copies that he has 17 somewhere. I never have an origiuaI. All ~. 18 originals went with tim government and I wa sent 19 back copies, and 1 have a copy of all myoriNals. 20 I don't have any original wm'k.The postal seeice 21 has all the original work. 22 Q. We're focusing on Exhibit 55 23 specifically now. 24 A. Yes, specific to Exhibit 55, the 9 (Pagesl~2to 1"75)

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I originul was sent in. Q. No, I wunt you to -- I want to makethis 2 3 real clear, okuy. Exhibit 55 with the extend column 4 filled in, you filled in thut extend column the at 5 time of the claim in 1998, correct? 6 A. Yes. 7 MS. KIRCHNER: need to see that document. We 8 That is his document that you have the original of. 9 Weneed to see that. ~I 0 THE W3TNESS: Yeah, whatever you have -MR.PROSEN: Let's go off the record for a 11 12 second. (WHEREUPON, discussion was had a 13 14 offthe record.) 15 MS. VARCHNER: We've had a conversation 16 between counsel and the witness, and I requested in 17 that the governsnent see the original documents 18 the formaI law firm's files. AsI understandit, 19 plaintiffs counsel is going to makearrangementsto 20 get those originals to Washington,D.C. so the 21 goverrmnent can see the original documents. And, of 22 course, if there's privileged communications the in file, I'm not looking for the privileged 23 24 communications. I'mjustlooking for the
Page 177

I site visit were taken by SamSouthern, you're 2 telling us he sent them buck to you with stinkies or 3 instructions or messuges accompunyingthem, is that 4 correct? A. Yes. 5 6 Q. And then you then mude changes in the 7 scopes of work and sent them and did what with 8 those? 9 MR. PROSEN: Asked and answered, objection. 10 BY THE WITNESS: 11 A. I sent everything back to the 12 government,to the postal service. 13 BY MS. KIRCHNER: 14 Q. At the time, you understood that the governmentcould make further changes in the scope 15 16 of work for St. Anneand add line items or "knock out i 17 line Remsand send it back to you? A. Yes. 18 Q. Did you have any other conversations 19 20 with Samafter the site visit where you say to 21 him -- whereyou talk about the site visit after 22 this has all gone on? 23 A. I think the record has shownthat I have 24 repeatedly sent letters and never got a response
Page I79

I ftom the goverrmaent~ postal service, whetherit the 1 non-privileged documents, the originals in the law 2 be Samor Mx. Rigsby, regarding the status of these 2 firm's flies. Andwe wish to see the originals. 3 work orders. 3 Let's go on. 4 Q. So you sent letters. 4 BY MS. IGRCHNER: 5 Did you have any conversations w.ith Sam 5 Q. At the time the scopes of work were 6 regarding site visit aRerthe site visit the ~ filled out during the site visits, whenyou were 7 itself? 7 filling them out, what typically did you use? Did 8 A. It wouldbe just a typical conversation 8 you use pen, pencil, howdid you typically fill it that mayhaveincluded St. Anne,but I don't think 1 9 9 out? 10 ever specifically talked about St. Anneafter I 10 A. I don't remember. 11 returned the originals, other than probablyI asked 11 Q. Directing your attention to file last 12 him what's the status, and he said, you"know, 12 page of Exhibit 55, is it possible, sir, that you 13 filled in the "clause C-12 premium time, 25 percent" 13 Mr. Rigsby-- because I basically started writing 14 [vh'. Rigsbygiving updates, and I think that's what ' 14 and the unit column, and then t ae $10,395.68, that that that's wherethe 15 you filled that information in in 1998 when you were I5 I've clearly demonstrated, 16 bottleneck camein. 16 working on the claim? 17 Q. I understand you're telling meof what 17 MR. PROSEN:Objection, asked and answered, mayhave occurred. I'm asking you about your 18 18 misconstrues the testimony and compound. I9 recollection. 19 BYTHE WITNESS: ' 20 As you sit here today, 2004, do you 20 A. No. 2I ten, emberbaying conversations with SamSouthern 21 BY MS. KIRCHNER: 22 af*er you sent back in the scopes of workwith the 22 Q. Okay. Now, as I understund the 23 changes made to them that we've gone over today? Do 23 procedure for St. Anne, what you're telling us is 24 you remember conversation with Samafter that? a 24 ynn had the site visit, the scopes of work from tile f0 (Pages 176 to 179)

11171

~~caoo
!04.'4950

Case 1:98-cv-00868-FMA ANTHONY Filed 04/06/2005 RICHARD Document 98-14 JUNE 11,2004 BATTAGLIN,
Page 192 1

Page 23 of 27
Page 194

2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24

1 back from the postal service, 1 would immediately BY MS. KIRCHNER: Q. You're telling mehe asked you to 2 make the adjustments that they requested at the time perform specific items on premium time. Did you 3 and then returo it to the postal service. then computewhat that amounted and arrive at the to 4 BY MS. KIRCHNER: 5 Q. Did you tell me yesterday that the $9,356for that figure? A. Yes. 6 postal service did not want you using premiumtime did 7 on these projects? Q. How you do that? 8 A. That was one of the arguments that I got A. Witha calculator. 9 as to whythey didn't want to issue this. Q. So -- well, referring to the document Q. Nowyou're telling me that Mr. Southern itself, Exhibit 62, how youfigure out that that did 10 1 specifically directed you to put certain items into was the amount? A. Mr. -12 the premiumtime line of Exhibit 61 -13 MR. PROSEN: Objection, asked and answered. MR.PROSEN: Objection, asked and answered. BYTI-fE WITNESS: 14 BY MS. KdRCHNER: 15 A. Mr. Southern specifically asked meto Q. -- is that right? performovertimeon certain projects or parts of the 16 A. Yes. project that he put down his piece of paper. on 17 Q. So even though-- let's just go on. 18 Whydid you put the check next to BY MS. ICIRCHNER: premiumtime on Exhibit 62, the second page? Q. In order to computethe $9,356, did you 19 MR. PROSEN: Objection, assumes facts not in have to knowthe items and howmuchthe amountswere 20 21 evidence. for each of those items? A. No. 22 BY THE WITNESS: Q. Youdidn't have to fill in the extend 23 A. I did not put that check there. 24 BY MS. KIRCHNER: total column?
Page 193 Page 195

i 2 3 4 5 6 .7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24

A, No, Q. Can you explain to mewhythat is, sir? A. All I wouldhave needed is the item number. Andthen I would looI~ at the work order and determine the existing quantity or whatever change he had madeon a stick-y, and that wouldthen be -become part of that particular item. Q. Do you remember doing that in the case of Momence? A. Sure. I mean-- not specifically, no, but, I mean, you're asking mekind of a vague question, so I'm answeringit kind of like Q. We'resitting here, it's 2004. A. Yeah. Q. As you think back, do you rememberfor Momence making the computation and computing the 9,356 for premiumtime? A. No. Q. I take it you don't remember when you did that either? MR.PROSEN: Objection, misconstrues the evidence -- or the testimony. BY THE WITNESS: A. Aoytilne I received one of mywork orders

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Q. Wlaose handwriting is that check? A. Oh, I don't know. Q. That mark, that check is not yours? A. No. Q. Do you see anything else on Exhibit 62 that is not your mark? A. Just-- no,just that check and maybe some other checks or marks on the copy. I don't know. There's a lot of dots on this document, so... Q. As you sit here, take whatever time you want, iffl~ere's anything else that you see in Exhibit 62 that's not your mark, would you let me know? A. Yeah, there isn't any. Q. Did you have any oral cooversations with SamSouthern after you and he did the site visit at the Momence Post Office that we've been talking about? MR. PROSEN:Objection, vague, ambiguous. BY THE WITNESS: A. Maybe. I don't recall. BY MS. KIRCHNER: Q. So as you sit here today, you don't rememberspecifically talkiog to Samafter the site 14 (Pages 192 to 195"

~SQUI .~ I-.78 ".

1072

- CHICAGO 12.704.4950

Case 1:98-cv-00868-FMA

RICHARDANTHONY ~ATTAGLIN, JUNE t I,

Document 98-14

Filed 04/06/2005
2004

Page 24 of 27
Page 230

1 Q. Who was? 2 A. It wasn't Paul. 3 Q. Whatother post offices, other than 4 Paxton, did you work on in the 609 zip code? 5 A. Ashkum, Bonfield, Buckingham, Buckley, 6 Caber3,, Campus,Chatsworth, Chebanse, Cissna Park, 7 Clifton, Crescent City, Cullom, Danforth, Donovan, Essex, Gilman, Herscher, Grant 8 Elliott, Emingtom 9 Park, Kempton,Ludlow, Loda, Martinton, Melvin, 10 Manteno, Milford, Onarga, Rankin, Reddick, Pmxton, 11 Piper City, Roberts, Rossville. Sheldon, Thawville, 12 Wellin~on and Woodland. Q. During what time frame, what years are 13 14 youtalking thai you did all this work, sir? 15 A. The same years in my claim, from 16 somewhere the calendar '95-ish to '97-ish. in i 17 Q. Wassome of this work in I9947 A. 1 don't recall. I'd have to check my i 18 19 records, Sitting here, l don't recall. 20 Q. Howabout Downers Grove? Is that in the 21 609 zip code? 22 A. 605. 23 Q. 605. I see. 24 Did Aroma Park at the time of the site
Page 229

1 themthe workorder, but it's their discretion to 2 keep it or deny it. I've only got the inside. 3 Q. I want to look at Exhibit 68. Are there 4 particular line items in Exhibit 68 that relate to 5 the haodicap ramp? 6 MR. PROSEN:Asked and answered, objection. 7 BY THE WITNESS: A. There are no ramp issues in this one. 8 9 BY MS. KIRCHNER: l0 Q. Okay. So you're not making any claims I about AromaPark with regard to a handicap ramp? 12 A. No. 13 Q. Was there already a handicap ramp at 14 Aroma Park at tlae time of the site visit? 15 A. I can't explain why or why not we didn't 16 do an3¢hingabout it. I just "know that it was... 17 Q. After the site visit at AromaPark and 18 the scope of work, you drew that up and Paul Steiner 19 takes it back with him, what did you expect was 20 going to happen next with regard to you're doing any 21 work at Aroma Park? 22 MR. PROSEN:Objection, vague, ambiguous, 23 asked and answered. 24 BY THE WITNESS:
Page 231

1 visit have Xerox capacity, a Xerox machine? 2 A. No. It's a very rural town, Ifs on 3 the corner, as I recall. 4 Q. After the site visit at AromaPark with 5 Paul Steiner and the work is scoped out, what did 6 you expect was going to happen for that post office? 7 MR. PROSEN:Objection, vague. 8 BY THE WITNESS: 9 A. Myrole in it, is that what you're 10 asking? 11 BY MS. KIRCHNER: 12 Q. Let me rephrase the question. 13 A. Yeah. 14 Q. Youconducted a site visit at AromaPark 15 with Paul Steiner and work was scoped out, is that 16 correct? 17 A. Correct. 18 Q. Are there particular items that reflect 19 handicap ramps in Exhibit 68? 20 A. No. 21 Q. So yon were not scoping out a handicap 22 ramp? 23 A. Yes. That doesn't mean that they wanted 2,4 me to do the concrete work. I scoped it and gave

1 A. I expect a returned draft work order 2 from the post office with flail extended prices and a 3 time to start, estimated completion dates for my 4 review and acceptance. And ifI accepted it, I 5 wouldsiga~ it and return it for the contracting 6 office's signature and a notice to proceed. 7 BY MS. KIRCHNER: 8 Q. So the document you expected to receive 9 back from the post of~ce, it would have extended I0 prices on it? 1] A. Oh, it always would. 12 Q. I take it that didn't happen, is that 13 correct? 14 A. Not on the ones I'm claiming, no. i 15 Q. And not for Aroma Park? A. Not for AromaPark. 16 17 Q. Those extended prices that you expected, 18 were those the prices that were part of your 19 Indefinite Quantity Contracts that you had at that 20 time? 21 A. Yes. 22 Q. Let's go on. 23 Did you make a site visit to Papineau? 24 A. Yes. 23 (Pages 228 to 231)

ESQU|I~ 312.785

1073

CHICAGO 2.704.4950

R1CHARD ANTHONY BATTAGLIN, JUNEFiledi 04/06/2005 I I 2004 Case 1:98-cv-00868-FMA Document 98-14

Page 25 of 27

Pag~ 296 Page 298 A. Well, I think there wereseveral at the 1 recognize Exhibit 80? 2 time. i think Andy Fernandez,who'snot a postal 2 A. Yes. 3 employee,was there, and I think Lois Gunlogson and 3 Q. What's Exhibit 80? 4 I think Jesse McNabb, I think this one even Bob 4 and A. A computer generated floor plan in 5 Rigsby. This wasa special one. 5 sections. 6 Q. So here you remember site visit where a 6 Q. Didyou prepare these? 7 all those individuals, in addition to yourself, were 7 A. No, I did not. 8 present at Downers Grove,is that correct? 8 Q. Did you obtain these from the postal service? 9 A. Yes, and the postmaster. 9 10 Q. Andthat related to your lock box lobby 10 A. Yes. 11 job, right? 11 Q. Howdid they come to you? 12 A. Yes. 12 A. Through Jesse McNabb. 13 Q. Did you perform yet another site visit 13 Q. Did they comein the mail or did he hand 14 at DownersGrove? 14 them to you? 15 A. Yes. 15 A. I don't recall howthis set cameto me. Q. Wasthat after the one that you've 16 Q. After you got them, did you put your 17 already told me about? 17 stamp, L.P. Consulting Group, on it? 18 A. That was during the work of the one we : 18 A. Yes. 19 just discussed. 19 Q. Do these relate to the dock enclosure at 20 Q. So during the time you're performing the 20 the Downers Grove Post O~ce? 21 Downers Grovejob, you also did another site visit? 21 A. Yes, it does. 22 A. Yeah. 22 Q. So earlier whenyou said you got some 23 Q. Did you scope out work? 23 drawingsto look at, are these the drawingsthat 24 A. Yes. 24 you're referring to?
Page 297 Page 299

Q. Wasanother postal employeewith you at 2 the time of this site visit when werescoping you 3 out work? 4 A. Well, Lois was there and Jesse was 5 there, but I'm not sure which I interacted with one 6 on it. I want to say Jesse McNabb. Q. Areyou unsure? 7 A. No,they wereboth there, but I think it 8 9 wasJesse becausethere were no measurements this in 10 one. This one I wasgiven some drawingsto look at. 11 I didn't haveto measure. pretty sure he handed I'm 12 mesomething.Andthen I got something else in the 13 mail to changethat. So I think there maybe twoor 14 three adjustments that I made. Q. Thesecondsite visit that you're 15 16 remembering, generally what was the proposedwork 17 that that site visit wasabout? 18 A. A dock enclosure, 19 (WHEREUPON, a certain document was marked Bat~aglinExhibit No. 80 for ~20 21 identification,as of 6111/04.) 22 BY MS. KIRCHNER: ~.o Q. Please take a look at what we'vemarked as Battaglin Exhibit 80 to yoar depasition. Doyou

A. Theseare the first set, yeg. 1 2 Q. Did you obtain these drawings, which are 3 in Exhibit 80, from Mr. McNabb before you did the 4 site visit at Downers Grove? 5 A. Notthisset, no. 6 Q. Therewasanother set, sir? 7 A. Well,like I said, this is the first 8 interaction I had with the dockenclosure. 9 Q. I understand that. We can put -was 10 putting aside that site visit whereFernandez and 11 there and Jesse McNabb Rigsby and yourself, 12 le~s put that site visit aside. We're focusingon 13 the second site visit at Downers Grove,okay? At that secondsite visit, had you 14 15 obtained drawingsfrom Mr. McNabb before that site 16 visit? 17 A. No. I received this particular set at 18 the site visit with Mr. McNabb. 19 Q. That's Exhibit 80, correct? 20 A. Yes. 21 Q. Did you use Exhibit 80 during the course 22 of the site visit with Mr. belcNabb? 23 A. Yes. 24 Q. Howdid you use it? 40 (Pages 296 to 299

Case 1:98-cv-00868-FMA

RICHARD ANTHONY BATTAGLIN. .IUNE l 1. 2004

Document 98-14

Filed 04/06/2005

Page 26 of 27
Pn~ 302

1 1 A. If you note the plan, those are my " 2 words, which were written in pencil or pen. whatever 3 3 the medium, those are mywords. Wewent over the 4 4 job and corrected what was discussed probably, 1 5 5 can't say for sure, with the postal -- postmaster or 6 6 someo