Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

Document 87-25

Filed 01/14/2005

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Case 1:98-cv-00868-FMA

Document 87-25

Filed 01/14/2005

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Case 1:98-cv-00868-FMA

Document 87-25

Filed 01/14/2005

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Case 1:98-cv-00868-FMA

Document 87-25

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Case 1:98-cv-00868-FMA

Document 87-25

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LARRY LINNENBURGER, OCI'OBER 21, Page1 1 IN THE UNITED STATESCOURTOF FEDERAL CLAIMS 2 3 L.P. CONSULTING GROLVp, INC., ) 4 Plaintiff. ) 5 vs. ) Case No. 6 THE UNITEDSTATESPOSTAL) 98-868 ) (JudgeAllegra) 7 SERVICE, Defendant. ) 8 9 The deposition of LARRY LINNENBURGER, 10 11 called for examinstinn, taken pursuantto the 12 Federal Rules of Civll procedureof the United 13 States District Courtspertaining to the taking of 14 depositions, taken before NANCY GUIDOLIN, A. CSR 15 No. 84-2531,a NotaryPublic within and for the 16 Coun~ DuPage, of State of Illinois, and a 17 Certified Shorthand Reporterof said state, at the 18 Great LakeFacility of USPS, Stratford Drive, 65 19 Bloomingdale, Illinois, on the 21st day of 20 October, A.D2004, at 9:15 a.m. 21 22 9_3

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1 ALSO PRESENT: 2 Mr. Richard Battaglin, 3 L.P. Consulting Group, inc. 4 5 6 7 8 9 10 11 12 13 REPORTED BY: NANCY A. GUIDOLIN, 14 CSR NO. 84-2531. 15 16 17 18 19 20 21 22 23 24
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Page 2 I PRESENT: 2 3 BELL, BOYD& LLOYD,PLLC, 4 (1615L Street, N.W.,Suite 1200, 5 Washington,D.C., 20036-5610, 202.-466-6300), by: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24

1 (WHEREUPON, witness was duly the 2 sworn.) 3 LARRY LINNENBURGER, 4 called as a witness herein, having been first duly 5 sworn, was examinedand testified as follows: 6 EXAMINATION MR. LAWRENCE PROSEN, M. 7 BY MR. PROSEN: appeared behalf of the Flainti~, on 8 Q. Good morning, sir. Myname is Larry 9 Prosen. I am an attorney out of Washington,D.C. UNITEDSTATESPOSTALSERVICE, 10 My client is LP. Consulting, and I think that you (475 L~innt Plaza SW, 11 knowMr. Battagiin. Washington,D.C., 20260q127, 12 A. Yes. 202-268-4089), by: 13 Q. Why don't we start off by stating your MR. STEPHEND. LOBAUGH, 14 nameand current position for the record. -and15 A. Myname is Lm-o' Linnenburger. I am an UNITEDSTATES DEPARTMENT JUSTICE, OF 16 architect engineer for the Great Lakes Facility CIVIL DMS1ON-COMMERCIAL LITIGATION BRANCH, 17 Service Office. (1100L Street, N.W.,8th Floor, 18 Q. Just to give you a little background. Washington,D.C. 20530, 19 Have you been in a deposition before? Have you 202-307-0290), by: 20 ever been deposed? MS. DOMENIQUE KIRCHNER, 21 A. Yes. I have. appearedon behalf of the Defendant. 22 Q. So you are familiar with the process. 23 I will ask a series of questions. If you don't 24 understandanything that I ask or if you are
1 (Pa~es i to ESQUII~ DEPOSITION SERVICES - CHICAGO 312.782.8087 800.708.8087 FAX:312.704.4950

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LARRYLINNE~URGER,87-25 21, 2004 Case 1:98-cv-00868-FMA Document OCTOBERFiled 01/14/2005
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1 con_~sedor whatever, you need someclarification, 2 dofft hesitate to let meknow.I amnot trying to 3 trick you. I amjust trying to get information. 4 There maybe times where Ms. Kirchner 5 objects. She can object on the record, and then 6 normallyyou can answerthe question, and that's 7 the legalese side of it tl/at gets resolvedlater 8 on. 9 We to have one person talk at a try 10 time, becausethe court reporter can only, you 11 know,type in one person's voice at a time. She 12 wi~certainly let us know things are -- if if 13 there are any problemsalong that line. 14 MR.PROSEN: are going to reserve You 15 signature, I assume? 16 MS. KIRCHNER: Please, yes. 17 BY MR. PROSEN: 18 Q. Okay. Do you have any questions before 19 weget started? 20 A. No. 21 Q. Okay. Yousaid that you are currently 22 employed with the U.S. Postal Service as an 23 architect/engineer? 24 A. Yes.
rage 6

1 background. Whatkind of projects are you 2 currently workingon in your capacity as an 3 architect/engineer? 4 A. I am working on a new project. I am 5 working on someroof projects. I am working on 6 some HVAC projects. 7 Q. Whatdo the dollar values of these 8 projects generally range from, you know,generally 9 speaking, lowest to highest? 10 A. A hundred thousand to three million. 11 Q. Doyou have a contracting officer's 12 warrant of authority? 13 A. Yes, I do. 14 Q. Whatis the current dollar amountof 15 that authority? 16 A. Five mil/ion. 17 Q. $5 million? 18 A. Yes. 19 Q. So are you an architect/engineer and a 20 contracting officer currently? 21 A. That's all part of our duties, yes. 22 Yes, I am. 23 Q. So anyone whois an architect/engineer 24 is a contracting officer?
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Q. What are your duties comprised of as an architect/engineer? A. I am basically a project manager. Q. For construction projects? A. Yes. For design and construction. Q. Andwhat is your educational background? A. I have an -- I have got a Master's in electrical engineering, and I have got a Master's in engineering administration. Q. So you are not actually an architect then? A. No. Iamnot. Q. Is an architect/engineer kind of like an all encompassing title that the Postal Service uses? A. That's a classification of myjob. Q. Do you have any responsibilities for soliciting or issuing contracts? A. Yes. Q. Do you have any responsibilities to prepare any solicitations and/or contracts? A. Yes. Q. Whatkind of-- just a little bit of

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A. No, no. Q. Okay. Is anyone who is a contracting officer an architect/engineer? A~ Yes. Q. Howlong have you been with the Postal Service? A. Around 30 years. Q. AJJ in the same - I mayuse terms, and I don't knowthe lingo that the Postal Service uses - region I wouldsay, the same region or the samedistrict? A. Yes. Q. Andif I use the wrong terms, let me know. I am trying to learn them myself as we go along here. Are you familiar with the current litigation that weare sitting here about? A. Somewhat. Q. What is your understanding of what this case is about? A. Weare being asked for profits that were not received. Q. "We"being the Postal Service? A. Yes. 2 (Pages to 8) 5

ESQUIRE DEPOSITIONSERVICES-CHICAGO 312.782.8087 800.708.8087 FAX:312.704A950

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LARRY LINNENBURGER, OCTOBER 21, 2004
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Q. Are you familiar ~vith Rich Battaglin? 1 Q. Okay. A. Yes. Iam. 2 A_ And I worked about eight years for Cook Q. Haveyou worked ~vith him before? 3 Electric, and that was mainly -- we were doing A. Yes. I have. 4 theoretical studies. 5 Q. Of what kind of things? Q. Andyou have worked with L.P. Consulting Group before? A. For Navy, for countermeasures and 6 A. Yes. I have. 7 counter-countermeasures. Q. Do you have any general opinions or 8 MR.PROSEN: Let's go off the record a positions regarding the quality or capability of 9 second. them? 10 (Wf-NREUPON, discussion was had off A. No. 11 therecord.) O. Are you currently working with 12 MKPROSEN: Back on the record. L,P. Consulting? 13 BY MR. PROSEN: A No. 14 Q. I am presenting to you Southern Exhibit Q. Do you have any -- strike that. 15 No. 1. Wehave deposition exhibits from other ]3efore comingto the Postal Service, 16 individuals, and you will see that they are have you workedfor any in-house construction or 17 already markedbasically. engineering firms? 18 I will representto youthat this is a A. No. 19 list of the projects that weare talking about in 20 this litigation today. Q. So your entire career post-educational Take a second to go over it. Are you has been with the Postal Service? 21 A. No. 22 familiar with any of these projects? Q. Whatdid you do in the interim 23 A. Aroma Park. between-24 Q. Did you have anything to do with any of
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A. I worked for the Federal Aviation 1 the other 11 projects? 2 A~Na I don't believe so. Agencyfor five years. Q. Whatwas your involvement with the 3 Q. Doing what for them? A. Evaluating electronic gear, radar, NAV 4 AromaPark project? aids. 5 A. I trek over that project about whenwe 6 wereready to start constraction, and then I had Q. In your capacity as an electrical engineer? 7 administeredthe project throughconstruction. Q. A~dwhodid the actual construction? A. Yes. 8 Q. Did you have any practical construction 9 A. I don't remember nameof the the knowledgeor experience prior to coming to the 10 company. Q. Whatdid that scope of work include on Postal Service? 11 A. I had some through the Federal Aviation 12 the AromaPark project? Whatwork was performed 13 under your oversight? Agency. A~Weadded -- we took over more space Q. And what did that -- what type of 14 duties did you relate to construction at the 15 then wecurrently had. So werebuilt that space 16 and remodeled space that wewere in. the Federal Aviation Agency? 17 Q. Tlis Aroma Park facility is in a A. Oversaw the installation and checkout 18 shopping mall? of radar equipment and NAV aids. 19 A. It'slike a house, and we previously Q. You mean on site as they were being installed? 20 hadabout half of the first floor of the house. 21 We took over the wholefirst floor of the house. A. Yes. Q. And NAV aids being, what, the devices 22 Q. Wlmt~vas the neighboring space that you 23 took over before then? that help direct airplanes? A. Yes. 24 A. Stomge. 3 (Pages9 tO 12 ESQUIRE DEPOSITION SERVICES- CHICAGO 312.782.8087 800.708.8087 FAX:312.704.4950

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LARRY LINNENBURGER, OCTOBER 21, 200~
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1 Q. Do you recognize the handwriting on 2 that? A. No. Idonot. 3 Q. At the bottom it says, "PS Form1627," 4 5 at the bottomof the first page. Is this a 6 standard Postal Service ibrm, ff you lmow? A. I don't know. 7 8 Q. Have you ever seen a documentsimilar 9 to this before? 10 A. No. I have not. 11 0. This is Southern Exhibit 20. Have you 12 seen that document before, sir? It's rifled, 13 "TermConstruction Contract Work Order." It says, 14 "Contractor: L.P. Consulting Group,Inc.," and 15 "Project Description: Aroma Park, Illinois." 16 A. I believe that I haveseen this before. 17 Q. Where have you seen this document,sir? A. I sawit yesterday. 18 19 Q. In preparationfor this deposition? 20 A. Yes. 21 Q. Haveyou discussed this case with 22 anyoneother than counsel? 23 A. No. I have not. 24 Q. Before yesterday had you ever seen this
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Q. Youcan go ahead and answer if you understand question. the A. Thescope of workwas prepared by -- it would havebeenpreparedby the Central Illinois District. Q. In-house,internally? A. Yes. Q. For a construction project suchasAroma Park or generally under your experience does the Postal Serviceprepareinternally the scopes of ~vorkfor contracts? MS. KIRCHNER: Objection; ambiguous. Beyond the scopeof the designation this witness. for BY TBE WITNESS: A. Theyprepare the concept of what is required. There wasa space packagepreparedfor this project, andthat wasprepared '98 or '99, in and fromthe space packageis whatwedevelopour scopeof work is needed the facility. that for BY MR. PROSEN: Q. Did the architect, Mr. Fernandez,have any participation developing scopeof workfor the AromaPark? A. No.
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1 Q. The contractor whoactually performed i documentbefore, Southern Exhibit 20? A. No. I had not. 2 the work, you don't recall -2 Q. If you can spend a couple of minutes, 3 A. No. 3 Q. So that was all done internally by the 4 sir, or a couple of seconds, whatever you need, to 4 5 take a look through the work descriptions, and I 5 Postal Service? A. Yes. It was. 6 will ask you while you are doing it, do these work 6 7 descriptions generally mirror the work that you 7 Q. Wouldthe same type of procedure apply 8 oversaw on the Aroma Park project that you were 8 to the IQCcontracts that we looked at a few 9 minutes ago, Battaglin Exhibits 48 and 49, I 9 project managerfor? A. I would say no. 10 believe? 10 MS. KIRCHNER: Objection; ambiguous and 11 Q. Based upon your review of this do~ament 11 12 beyondthe scope of the desiguation for this 12 and your experiences as a Postal Service 13 wimessand lack of foundation. 13 architect/en~neer, what is different about this 14 BY THE WITNESS: 14 work from what work was actually performed? 15 A. I don't know. 15 A. Well, at the time this was prepared, 16 MR.PROSEN: Let's go off the record. 16 the scope of work changed drastically from the 17 (WHEREUPON, discussion was had 17 time that we did the work. The scope of work 18 off the record.) 18 expandeda lot. 19 (WHEREUPON,certain document was a 19 Q. Whenwas this document prepared? 20 marked Linnenburger Deposition 20 A. I wastold that it waspreparedin '95. 21 Q. Who developed the scope of work for the 21 Exhibit No. 1, for identification, 22 work that was actually performed? 22 as of 10-21-04.) 23 23 BY MR. PROSEN: MS. KIRCHNER: Objection; ambiguous. 24 Q. The documents that were produced as 24 BY MR. PROSEN: 7 (Pages25 to 28 ESQUIRE DEPOSITION SERVICES- CHICAGO 312.782.8087 800.708.8087 FAX:312.704.4950

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