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

Case 1:98-cv-00868-FMA

RICHARD ANTHONY BATTAGLIN,

Document 87-18

JUNE 1 I,

Filed 01/14/2005
2004

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A, No. Q, Let's go on. Youtold us that yoo went to the Momence Post Office and you had a site visit with SamSouthern, also. A. Yes. Q. Can you tell us about that particular site visit? MR. PROSEN: Objection, vague. BY MS. KIRCHNER: Q. With Sam? A. If I madea site visit with Mr. Southern, it would be Q. Okay. Let me just back up. Remember told us the same day that you you went to St. Anne, you also went to Momence Post Office and you met there, again, with SamSouthern? Do you remember that? A. Yes, I remember we went to Momence. Q. And it was the same day? A. Same day. Q. Now, that particular site visit at Momence, tell me what happened during that site visit. A. We would have typically measured
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that sketcb on the last page youP sketch? A. Yes. Q. Does that relate to the site visit with SamSoutl~em that you've been telling as about? A. Yes. Q. Does this refresh your recollection as to the nature of the work that was scoped out with Samat this site visit? A. Yes. Q. Can you tell me, sir, what was the nature of the work? A. This particular document shows a lock box lobby and lobby renovation. Q. Now, what's shown in your sketch on the last page? A. A line o~'counters. Q. Did you make that at the time of the site visit? A. Yes. Q. Did yop put all the entries in the quantity column of Exhibit 617 Did you make all those entries at the time of the site visit? A. Yes. Q. Did you go over those entries with
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1 everything to produce the scope of work, or the 2 scope of work that's in question in myclaim. 3 Q. Did you and Sam together produce the 4 scope of work? 5 A. Yes. Q. W1aat was the work that was the subject 6 7 of the scopeofwork? A. Well, sitting here, off the top of my 8 9 head, I don't recall. I'd be guessing. 10 MS. ICIRCHNER: Would you mark this, please? (WHEREUPON, certain document was a 11 markedBattaglin Exhibit No. 61 for 12 13 identification, as of 6/11/04.) 14 BY MS. KIRCHNER: 15 Q. Please take a look at what we've marked 16 as E.'daibit 61 to your deposition, sir, and tell me 17 whether you recognize Exhibit 61 ¯ 18 A. Yes. 19 Q. What'sExhibit 61 ? 20 A. A scope of work for the Momence Post 21 Office. Q. Is this all in your handwriting? 22 23 A. Yes. 24 Q. And does that include tbe sketch? Is

I Mr.Southernat the time of the site visit? 2 A. Yes. 3 Q. Did you go over all of the entries in 4 the quantity columnwith Mr. Southern at the time of 5 the site visit? MR.PROSEN: Objection, asked and answered. 6 7 BYTHE WITNESS: 8 A. Yes. 9 BY MS. KIRCHNER: 10 Q. I meaneach and every one? 11 A. Yes. 12 Q. Now, the time of the site visit to at Momence with SamSouthern, did you and he also scope 13 14 out a handicap ramp? 15 A. Yes. 16 Q. Is that reflected in Exhibit 617 17 A. No. I8 (WHE~LrPON, certain document was a markedBattaglin Exbibit No. 62 for 19 identification, as of 6/11/04.) 20 21 BY MR. PROSEN: 22 Q. " Please take a look at what we'vemarked 23 as Exhibit 62 to your deposition, and please let am 24 knowwhen you're ready. 11 (Pages 180 to 183)

312.782.8087 800.708.8087 FAX: 312.704.4950

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1 A. Yeah, go ahead. 2 Q. Okay. This, again, is one of the documents that counsel, plaintiffs counsel, gave me 3 before westarted depositions this week. 4 5 Okay. Now,there appears to be two documents Exhibit 62. Is that your in 6 understanding,sir? 7 8 A. Yes. Q. Andthe first one is five pages and then 9 the seconddocument three pages, is that correct? 10 is 11 A. Yes. Q. Now,is all of E'xhibit 62 in your I2 I3 handwriting? 14 A. Yes. 15 Q. Let's look first at the first five-page document Exhibit 62. Canyou tell me what that 16 in 17 is? 18 A. Thefirst five pagesof Exhibit 627 19 Q. Yes. 20 A. Is a workorder, draft-- excuse me, 21 it's a scope of workorder for Momence. Q. Is this for the same lock box lobby work 22 that you were telling us about before whenwe were 23 looking atExhibit 617 24
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andadded this number the request. at Q. Bycrossing it out, by erasing it? How did you make change? the A.I don'trecall how did it on this one, I but I made change,yeah, a Q. Well, howgenerally did you makethe changes?Did you cross themout? Did you erase? How generally wouldyou makechanges? MR.PROSEN: Objeation, vague. BY MS. KIRCITNER: Q. Let me restart again. When changed you the draft scopesof work were result of that the site visits with the postal service, when made you those changes,generally howdid you make the changes? A. I don't remember I wouldhave made how those changes. Q. Not even generally? A. CouJdhave, wouldhave, should have. Generally, don'tknow. neverkept the original I I document, I don't -know so what the medium when was originally sent themto them.These all copies are of copiesof copies.Theoriginals were sent to the government.
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A. It appears to be. Q. Andyou see that the extend price column is filled in on the first five pagesof Exhibit62, is that correct? A. Yes. did Q. When you fill in that column? A. Back in '98 whenthe time cameto come up with the number the claim. for Q. S~ this is tile sameas in the case of St. Anne? A. Correct. Q. If wecould look at the first page of Exhibit 61 and the first page of Exhibit 62. Do you see there for the item "miscellaneoushourly labor carpenter,"for that item, that that item is 24 hours on Exhibit 61 and then it's changedto 160 hours on Exhibit 62. Do you see that? A. Yes. Q. Did you makethat change? A. Yes. Q. Howdid you make the change? Do you erase it and then put in the correct number? How did you makeit? A. I woald have removed the original number

I Q. As I understand your testimony, with 2 regard to Exhibit 62 that has on it the extend price 3 column filled in, that document filled in in you 4 1998 and you retained that document? 5 MR.PROSEN: Objection, misconstrues the 6 testimony. 7 BY ~ WITNESS: 8 A. No, I did not. 9 BY MS. KIRCHNER: I0 Q. Didn't you just tell methat you glled 11 in the extend price columnin 1998at the time of 12 your claim? A. The only reason I would have extended 13 14 tile price columnwasbecauseI don't havethe 15 computer generation that the postal service does to 16 generate this column.I don't need that column.I 17 only did it for the sake of the claim. 18 If you could eliminate that extended 19 column now,the quantities are all that's important 20 here, not the extendedprice. So I only wouldhave 21 doneit because- at the advice to provideit for 22 visual aid to get to the bottomnumber. 23 How got there. [ don't even remember it 24 ifI osed pen, pencil. I don't know,but it was 12 (Pages184 to 187)

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Case 1:98-cv-00868-FMA ANTHONY Document 87-18 JUNE t 1. 01/14/2005 Filed 200~1 RICHARD BATTAGL1N,
I 1 extended sometime in early '98 because of the 2 2 benefil of the claim. 3 Q. And that original document that has your 3 4 marks on it in the extend price column, did you send 5 5 that document, that original document to the postal 6 6 service? 7 7 A. No. The postal service wouldn't have 8 8 needed the extended. 1 sent-- I could have even 9 9 faxed it to myattorney. A~dl probably -- ifI 10 10 didn't keep this document, which I don't think ] 11 11 did, I'd have to look, but I don't think I have it. 12 Whatever I produced I produced, and ififs a copy, I2 13 it was a copy. But back in '98, 1 could have thrown 13 14 14 them away. I don't recall whatl did with all these 15 15 things. Again, it wasn't important to me. It's not 16 16 important. What's important is the quantities and 17 17 the item numbers. That's all. 18 18 Q. The extend price column was important 19 19 for the claim, was it not? 20 20 . A. No. 21 21 Q. Didn't you want to have an amount to put 22 22 down in your claim? 23 23 A. But I don't need to extend it. I could 24 24 just do it on a calculator or ribbon and write the
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amountof items that were going to be covered under premiumtime. Q. And what'sthat amount? A. $9,356.16. Q. Wheredid you get-- I'm not following you. Whatdoes that amountrefer to? A. It wouldreflect the specific items that Mr. Southern wouldhave directed me to do or perform during the premium time or the premium hour time, as stated in mycontract. Q. Did he do that? A. Yes. MR. PROSEN: Objection, vague. BY MS. KIRCHNER: Q. Mr. Southern directed you to include specific items in the premium time line? A. Yes. Q. Whichitems did he tell you to include in that line? A. Well, I wouldn't know because he would have put it on his sheet becauseit wouldrelate to the workor the task that I was to performat that particular thnae. So it could be a combinationof all these items or someitems. I wouldn't know.
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final number Thafs all. in. Q. As you sit here today, 2004, do you rememberin the case of Momence you changed the why 24 hours for miscellaneous hourly labor carpenter to 160 for that sameitem? A. At the request of the postal service. Q. Andyou mean SamSouthern specifically? A. In this project, SamSouthern. Q. Let's look at the secondpage of Exhibit 61 and the second page of Exhibit 62. A. Uh-huh. Q. Doyou see there that the last line item on thosepages is "clause C-12premiumtime"? Do you seethat? A. Yes. Q. Anddo you see that at the time of the site visit with Mr. Southern, you had written zero for premium time, is that correct? A. Thafs correct. Q. Andyou then changed that, is that correct? A. That's correct. Q. Andwhat did you change it to? to it A. According this, 1 changed to the

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Q. What is premium time? A. Premium time is anything over and above spelled out in the contract documents. Q. Is it time and a half?. Is that what premiumtime is? A. Not for this contract. Q. Does it relate to Sundaywork, for example, as opposed to Monday through Friday? MI?,. PROSEN: Objection, asked and answered. Thecontract speaks for itself. BY THE WITNESS: A. lt's possible. BY MS. KIRCHNER: Q. You just don't recall? A. I don't knowhis point of view at this time, what he was getting at, but those items that he asked me to perfon:n on premiumtime would have been added into that quantity column. Q. Which items did he ask you to perform on premimn time? MR. PROSEN: Objection, asked and answered. BYTHE W1TNESS: A. I don't have that stick'3, anymore,so I don't know. 13 (Pages 188 to 191)

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BY MS. KIRCITNER: Q. You're telling mehe asked you to perform specific items on premium time. Did you then compute what that amounted and arrive at the to $9,356for that figure? A. Yes. did Q. How you do that? A. Witha calculator. Q. So -- well, referring to the document itself, Exhibit 62, how youfigure out that that did was theamount? A. Mr. MR,PROSEN: Objection, asked and answered. BYTHE WITNESS: A. Mr. Southern specifically asked me to performovertimeon certain projects or parts of the project that he put down his piece of paper. on BY MS. KIRCHNER: Q. In order to computethe $9,356, did you have to knowthe items and how muchthe amounts were for each ofthose items? A. No. Q. Youdidn't have to fill in the extend total column?
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1 back from-the postal service, 1 would immediately 2 make the adjustments that they requested at the time 3 and then return it to the postal service. 4 BY MS. KIRCHNER: 5 Q. Did you tell me yesterday that the 6 postal service did not want you using premiumtime 7 on these projects? 8 A. That was one of the arguments that I got 9 as to whythey didn't want to issue this. 10 Q. Nowyou're telling me tbat Mr. Southern 11 specifically directed you to put certain items into 12 the premium time line of Exhibit 61 -13 MR. PROSEN: Objection, asked and answered. 14 BYMS. KIRCHNER: 15 Q. - is that right? I I6 A. Yes. I7 Q. So even though -- lefsjustgo on. 18 Whydid you put the check ne~ to 19 premiumtime.on Exhibit 62, the second page? 20 MR. PROSEN: Objection, assumes facts not in 21 evidence. 22 BY THE WITNESS: 23 A. I did not put that check there. 24 BY MS. KSRCHNER:
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A. No, Q. Canyou explain to me whythat is, sir? A. All ~ wouldhave needed is the item number. And then I would looi~ at the work order and determine the existing quantity or whatever change he had madeon a sticky, 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 answering kind of like -it Q. We'resitting here, ifs 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. 13Y THE WITNESS: A. Anytime I received one of my wm'korders

1 Q. Whosehandwriting is that check? 2 A. Oh, I don't know. 3 Q. That mark, that check is not yours? 4 A. No. 5 Q. Do you see anything else on Exbibit 62 6 that is not your mark? 7 " A. Just -- no, just that check and maybe 8 some other checks or marks on the copy. I don't 9 know. There's a lot of dots on this document, so... 10 Q. As you sit here, take whatever time you 11 want, if there's anything else that you see in 12 Exhibit 62 that's not your mark, would you let me 13 know? A. Yeah, there isn't any. 14 Q. Did you bare any oral conversations with 15 16 SamSouthern after you and he did the site visit at 17 the MomencePost Office that we've been talking 18 about.'? 19 MR. PROSEN:Objection, vague, ambiguous. 20 BY THE WITNESS: 21 A. Maybe. I don't recall. 22 BY MS. I~RCHNER: 23 Q. So as yon sit here today, yon don't 2'4 remember specifically talking to Samafl:er the site 14 (Pa~es 192 to 195)

ESQUIRE DEPOSITION SERVICES - CHICAGO 312.782.8087 800.708.8087 FAX:312.704.4950

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Case 1:98-cv-00868-FMA

RICHARD ANTHONY BATTAGLIN.
Page I g6

Document 87-18

,IUNE t I, 20(14

Filed 01/14/2005

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1 visit and the scope of work has been completed, you 2 don't remember checking up with him orally? 3 MR. PROSEN: Ol~iection, asked and answered. 4 BY THE WITNESS: 5 A. I would talk to Sam, but to recollect 6 specifically ifI asked him about Momance, can't I 7 answer that I did have that conversation. Butas a 8 rule of work, I talked to Samregularly. 9 BY MS. KIRCJ-I-NER: 10 Q. Now, as we look at Exhibit 62, are there 11 items in here that relate to a handicap ramp? 12 A. Yes. 13 Q. Could you tell me what portion of the 14 Exhibit refers to a handicap ramp? 15 A. The last three pages. 16 Q. So is that a scope of work for a 17 handicap ramp that you prepared? 18 A. Yes. 19 Q. As I understand your testimony, you 20 filled in the extend price columnat the time of the 21 claim in 1998, is that correct? 22 A. This one may be sooner. I didn't always 23 fill it out just for the claim. I mean;ifs 24 possible I did not fill it out as a rule of thumb
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MomencePost Office? A. No. MS. KIRCHNER: You need to mark that. (WHEREUPON. certain document was a marked Battaglin Exhibit No. 63 for identification, as of 6/1 ]/04.) BY MS. KIRCHNER: Q. Would you please take a look at what we've marked as Exhibit 63 to your deposition? This, again, is one of the documents provided by counsel shortly before beginning these depositions. Could you tell us, do you recognize Exhibit 63? A. Yes. Q. Is this all in your handwriting, sir? A. Yes. Q. What is Exhibit 63? A. Scope of work for Union Hill. Q. Did you make a site visit to Union Hill? A. Yes. Q. Whendid you do that? A. I'd be guessing. I don't really recall. Q. Whodid you make the site visit with? A. I think it was with Catherine Marks and
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I Paul Steiner, offthe top of myhead. 2 Q. Do you rememberthe site visit to Union 3 Hill? 4 A. No. 5 Q. Let me ask you a few more questions. Do 6 you remember why you went there, to the Union Hill 6 Q. Youfilled in the extend price column, 7 correct? 7 Post Office? A. That is mywriting. 8 A. To complete the 609 zip code, the work 8 Q. Okay. Andafter you filled in the 9 9 that was to be performed in 609. 10 Q. Can you tell me what it means whan you 10 extend price column, did you send a copy of the 11 say "to complete the 609 zip code"? What does'that 11 scope of workwith file extend price colunmfilled in 12 mean? 12 to the postal sen, ice? 13 A. Mr. Rigsby tasked us to do concrete work 13 A. I don't remember this one if I did or on 114 not. 14 and lockbox/lobby work at those facilities that he 15 directed me to. This was one of them. 15 Q. ls there anything flaat you knowof that 16 Q. Are you saying that Mr. Rigsby directed 16 wouldhelp refresh your recollection onthat point, 17 sir? 17 you to perform concrete work at Union Hill? 18 A. No. I dofft have a work order, so he 18 A. Not really. MR. PROSEN: Objection, vague. 19 couldn't direc~ meto do any work. 19 20 Give mean opportunib,. 20 MS. KIRCHNER: This is Exhibit 63, right? THEWITNESS: All right. 21 MS. COURT REPORTER: Yes. 21 22 BY MS. KIRCHNER: 22 BY MS. KIP, CHNER: 23 Q. Whenyou look N Exhibit 63, does that 23 Q. After the site visit that you and Sam 24 Southern made at Momence, have you been back to the 24 refresh your recollection of the site visit -- of a 1 just for the claim. It's possible in mylife of 2 doinghundredsof these that I filled out the 3 extended price. To say did I specifically remember 4 that I did this document the claim, l can answer for 15 (Pages 196 to 199) ES~UllLE DEPOSITION SERVICES-CHICAGO 312.782.8087 800.708.8087 FAX:312.704.4950

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Case 1:98-cv-00868-FMA Document 87-18 JUNE I 1,2004 Filed 01/14/2005 RACHARD ANTHONY BATTAGLIN,
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1 A. I don't recall. 1 site visit to Union Hill? 2 Q. How you go about filling in the did 2 A. Not really. I know was there. I I 3 extend price column? 3 remember town, but I don't remember the this visit 4 A. Thequantity times the unit. 4 specifically. 5 Q. After you filled in the extend price 5 Q. Is the reason you knowthat you were up 6 column,did you come with the grand total that's 6 there because you have Exhibit 63? 7 on the last page of$36,1107 7 A. No. I remembergoing t~¢re with them. 8 A. Yes. 8 I just don'trecall the visit per se. Q. Did you ever send a copy of Exhibit 63 9 9 Q. Do you remember scoping out work at 10 with the extendprice column filled in to the postal 10 Union Hill? MR.PROSEN: Objection, asked and answered. I 1 service? 12 A. I don't recall this document. 12 BY THE WITNESS: 13 Q. Just to clarify, do you remember the 13 A. I "knowwe were there. I know'typically itself, Exhibit 63? 14 what we would have done whenwe visited. But to 14 document i 15 A. Yes, [ remember doing -- or doing a 15 specifically remember, no. 16 scope of workfor UnionHill. Andtypically I would 16 BY MS. KIRCHNER: 17 haveput the quantity in only and sent it back. 17 Q. So not looking at the document, not 18 Did I specifically e~and on this it 18 looking at Exhibit 63, are you able to tell me particular onefor this particular time?I don't 19 whether or not you scoped out work at UnionHill? 19 20 recall. But typically the postal service would go 20 A. Yes, I know went to Union Hill. we 21 backwith their unit item number, their unit price Andyou scoped out work there? 21 Q. 22 and the quantity wearrived at to producea work 22 A. Yes. 23 Q. Do you remember what work you scoped 23 order. That'sall. That'sall I recall. 24 Q. Referring to the UnionHill Post Office, 24 out?
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1 have you been back to the Union Hill Post Office 1 A. Without looking at the document, it 2 after the time you made site visit there? the 2 would have been lock box remodeling or lobby 3 A. No. 3 renovation and concrete work. Q. After you madethe site visit at Union 4 4 Q. If we look at the document,can you tell 5 Hill, did you have any oral conversations with 5 me, looking at the document,what sort of workis 6 postal service employees that related specifically 6 being scoped out in this document? 7 to the work scoped at Union Hill? 7 A. Somelobby work and concrete work. 8 A. Notthat I recall. 8 Q. Do you see any work in the document that Q. Let's go on. 9 9 refers to installation of a handicapramp? (WF~REUPON, certain document was a 10 I10 A. Yes. markedBattaglin Exhibit No. 64 for 11 11 Q. Canyou point that out to me, sir? 12 identification, as of6/11/04.) 12 A. The lower two items on Page 1. 13 BY MS. KIRCHNER: 13 Q. That's "slab on ramp"and "continuous 14 Q. Please take a look at what we've marked 14 footings." Is that whatyou'rereferring to? 15 as Exhibit 64 to your deposition. Tell meif you 15 A. Yes. i 16 recognize Exhibit 64. Q. Are there any other items that refer to 16 17 A. I only recognize it as a document 17 installation of a handicapramp? 18 regarding Beaverville. 18 A. Mostof these items wouldrefer to it, sir? Q. It's not in your handwriting, be 19 but the specific two would those two, but all of 19 20 A. No. 20 these itemsrefer to it. 21 Q. Okay. Now,Exhibit 63 has the extend Q. It's not your document? 21 A. No. 22 22 price column filled in, correct? 23 Q. Let's go on. 23 A. Yes. 24 (WHEREUPON,certain document was a 24 Q. Wheadid you fill io that colunm? 16 (Pages200 to 203 ESQUIRE DEPOSITIONSEI1VICES-CHICAGO 312.782.8087 800.708.8087 FAX:312.704.4950 5 5 0

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1 Q. And you don't remember right now? 2 A. I rememberI had a constructinn contract 3 for the '94 time, but specifically -- this thing 4 says L.P. Consultiug proposal of January of'94. So 5 I wouldassume,and I'm only assuming, that that's 6 whenthey received myproposal. I don't know.I'd 7 he guessing. 8 Q. I don't want you to guess, sir. I'm 9 just trying to understand the document. 10 A. I do "knowthose ware jobs I did perform. 11 Q. Whenyou say "those are jobs I did 12 perform," can you tell mespecifically what you're 13 referring to? 14 A. I did -- I was tasked with completing I5 work in the 609 zip code by Mr. Rigsby. Andall 16 these facilities that are listed, wewereto provide 17 him a scope of ~¢ork so he would produce a work order 18 so that I woulddo the work. That was the task. 19 Q. What sort of scope of work were you 20 tasked to draw up by Mr. Rigsby that you're 2I referring to? 22 A. What we've been going over, the three, 23 so far Union Hill, Exhibit 63; Exhibit 62, Momence; 24
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Whendid you do that? Q. A. I don't recall. Q. Did any postal service employee meet you at the post office, the Beaverville Post Office at thetime of the site visit? A. Oh, yes. Q. Who did? A. I don't recall right now. Q. Whatdid you do at the time of the site visit at the Beaverville Post Office? A. We would have measured the exterior/interior to produce a handicap ramp/accessible entryway interior remodeling. and Q. Did you do both? A. I don't recall. Q. Do you remember anything more about the site visit at Beaverville? A. It was cold, I remember that. Wewere freezing outside. Q. Do you remember how long it took? A. No. Long enough to get cold. That's alI I remember. (WHEREUPON, certain a document was markedBattaglin Exi~ibit No. 66 for
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identification, as of6/11/04.) 1 61, Momence;St. Anne, which is Exhibit 60. Those 2 are typical of every 609 project that I visited. 2 BY MS. KIRCHNER: 3 Q. Can you please take a look of what we've 3 Q. Are all those, Union Hill, Momence, 4 St. Anne, are all those 609 projects? 4 markedas 66 to your deposition. This is one of the 5 A. Yes. 5 documents that was provided shortly before the 6 Q. Tell me what you're claiming with regard 6 depositions. 7 to the Beaverville, Illinois Post Office. 7 Tell meif you recognize Exhibit 66. 8 A. Can you be more specific? 8 A. Yes. 9 MR. PROSEN:Objection, vague. 9 Q. Whosehandwriting is on Exhibit 66? I0 BY MS. KIRCHNER: 10 A. That's mine. 11 Q. Sure. You filed a lawsuit against the 11 Q. Is all of it your handwriting? 12 government, against the postal service, correct? 12 A, Yes. 13 A. Yes. 13 Q. Doyou see anything that's not your 14 Q. What are you claiming in this lawsuit 14 handwriting? 15 with regard to the Beaverville, Illinois postal 15 A. No. 16 service facility? 16 Q. What is Exhibit 66? 17 A. That I was tasked to visit the job and 17 A. It is a scope of workI producedto the 18 produce a work order, scope of work, which would 18 postal service. 19 lead to a work order or a draft work order and for 19 Q. I want to go through the columns here. 20 me to accomplish my contract, which is do the work 20 You see there's an item number column and then the 21 that they want me tn work on. 21 description column. 22 Q. Did you conduct a site visit at the 22 At what point in time did you fill in 23 Beaverville, Illinois Pnst Office? 23 the item number column and the descriptiou column, 24 A. Yes. 24 referring only to that portion? 18 (Pages 208 to 211 ESQUIRE DEPOSITION SERVICES - CHICAGO 312.782.8087 800.708.8087 FAX:312.704.4950

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1 A. Say that onemore time. 2 Q. Okay. On the form, which is Exhibit 66, 3 do you see that the item numbercolumnis filled in, 4 the description is filled in, unit measure filled is 5 in and the unit price is filled in? At what point 6 in time did you fill in all that information? 7 A. Beforethe visit. Q. At what point in time did you fill in 8 9 the quantity column on Exhibit 66? 10 A. During the visit. 11 Q. At what point in time did you fill in the extend price column of Exhibit 66? 12 That could have been later or at the 13 A. visit. 14 15 Q. Youdon't recall? A. No. The extended price isn't the issue I6 17 when you make these visits. The issue is the quantity and the Iihe item. i 18 19 Q. I see a number of items have zeros. 20 There's some zeros in the quantity column. 21 A. LTh-huh. 22 Do you see that? Q. 23 A. Yes. 24 Q. Is it the case that you wouldtake a
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Beaverville? A. All the originals went back with the postal service to be produced so they could produce the work order so 1 could do this work. Q. After the postal service took the scope of work from Beaverville, did you receive a copy in the mail of that scope of workback from the postal sen, ice? A. I don't recall this specific one coming back and if there were adjustments made. 1 don't recall. Q. Do you remember you indicated that sometimes there was Xeroxcapacity at the post office itself, so at the end of the site visit, you would have a copy oft.he scope of work and so would the post office? Do you rememberthat? A. Yes. Q. Do you remember what happened in the case of Beaverville? A. Beaverville, I !mow,was a small office, so I doubtthey had that capability, lt's a very small town. Q. Do you see on the top of Exhibit 66 there's some handwriting? Do you see that?
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1 scope of work form to the site visit with the item 2 number and the description and the column and the 3 unit measurement and unit price column, all those 4 columnsare filled in, and then you go out to the 5 post office and you see, "Well, which items do we 6 actoally need"? 7 MR. PROSEN:Objection, asked and answered. 8 BY THE WITNESS: 9 A. Yes. 10 BY MS. KIRCHNER: 11 Q. So you could do the site visit and 12 conclude you needed zero for a particular item and 13 then you could fill that in? A. Only if we visited the site. 14 15 Q. Yes. I'm understanding you. Okay. 16 Now, do you rememberfilling in the 17 scope of work at Beaver Hill at the time of the site 18 visit? 19 A. Yes, at Beaverville -20 Q. Beaverville, excuse me. 21 A. -- yeah, we would have performed that 22 task. 23 Q. What did you do with the scope of work 24 that you filled ia at the time of the site visit for

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A. Yes. Q. Could you read that to me? A. It says "Original." Q. Is that your handwriting? A. Yes. Q. After the site visit at Beaverville where work was scoped out, did you ever go back to that post office? A. No. Q. The work that was scoped out at the Beaven, ille Post Office, did that include a handicap ramp? A. No, it doesn't appear to. Q. You're referring to Exhibit 66? A. Yes. MS. KIRCHNER: Let's take a break. (~q-IEREUPON,a recess was had.) BYMR. PROSEN: Q. I'm going to ask you a couple of more questions about Beaverville. You have in front of you Southern Exhibit 10. Looking at that document, does that refresh your recollection about the site visit that you made to Beaverville? 19 (Pages 212 to 215

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A. Yes. Q. If we put aside Exhibit 10, okay, if you could just turn over the document. A. Uh-huh. Q. Now, how is your memory refreshed? What do you rememberabout the visit to Beaverville? A. I remember,like I've said, it was a cold day for that tim~ we were there, and we measuredas per usual. It was very uneventful, as 1 recall. That's all I really remember. don't I remember much. Q. Do you remember who you were there with? A. Well, nowthat I've looked at the document, it was with Paul Steiner. Q. I mean, according to E~ibit 10, it was with Paul Steiner, is that correct? A. Yeah. Q. But as you sit here today, do you rememberbeing at Beaverville with Paul Steiner? A. Nowthat I recall, now I "know who the gentleman was. Q. So you do remember him being there? A. Oh, yeah. Q. After the site visit with Paul Steiner,
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MS. KIRCHNER: Could you just mark this. (WHEREUPON, certain documents were marked Battaglin Exhibits Nos. 67 through 70 for identification, as of 6/11/04.) BY MS. I~RCHNER: Q. Please take a look at what we've marked as Exhibit 67 to your depositio/~: Let me "knowwhen you're ready. A. I'm ready. Q. Do you recognize any of the handwriting in E'xhibit 67? A. No. Q. So none of this is your handwriting? A. No. Q.. Howabout if we could look at the fourth and the fifth pages, do they appear to be sketches? A. They're somebody'ssketches, yes. Q. Are they your sketches? A. No. Q. Did you ever obtain a copy of this document from the postal service? A. I don~t recall. Q. Did you make a site visit to AromaPark?
Page2Igi

1 did you have any follow-up conversations with him 2 about the work scoped out at Beaverville? 3 A. Not specifically, because we talked 4 about all the jobs we looked at, so I don't recall 5 specifically a conversation about Beaverville. 6 Q. Without Ioo "king at Exlaibit 10, do you 7 remember when the site visit was approximately? I 8 understand it was cold, but do you rememberwhen it 9 was? 10 A. Well, it was sometime in September, but 11 I don't recall the date. 12 Q. Do you remember whether at the time of 13 the site visit at Beaverville, whether you and Paul 14 Steiner also scoped out work at other post offices 15 that same day? 16 A. Probably. 17 Q. Do you remember whether you did or not? 18 A. l'm sure we did. Wedon't go all the 19 way out to nowhere just for one site, so we probably 20 did. 21 Q. Where else did you go at tbe time of the 22 site visit at Beavmwille? 23 A. That 1 don't remember specifically which 24 facility.

A.

Yes.

When was that? I don't recall the date. What did you do at the time of the site 5 visit? 6 A. Wecame up with a sketch for the 7 interior portion and the exterior portion and worked 8 on a scope of work. 9 Q. Did you meet any postal service 10 employees at AromaPark at the time of this site 11 visit? 12 A. Yes, the postmaster and the project 13 manager. 14 Q. Whowas the project manager you're 15 referring to? A. I'd be guessing. 16 17 Q. Is AromaPark in the 609 zip code? 18 A. Yes. Where it in relations to the is 19 Q. 20 Beaverville Post Office? A. Well,it's in Illinois, but... 21 22 Q. Is it close by to Beaverville? 23 A. It's in the geographic area, yes. But 24 close by, I don't really knowtim mileage or 20 (Pages 216 to219

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Case 1:98-cv-00868-FMA

Document 87-18
Page 2g{}

Filed 01/14/2005
2004

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Page 222

RICHARDANTHONY BATTAGLIN, JUNE I I,

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l anything. 2 Q, Ok All right Let's go on. W. Now.do you have any copies of-- did 3 4 you, yourself, make sketches aI AromaPark? 5 A. 1 think on this one. and I'm guessing bec~iuseI'm trying to recall, bul 1 think on this 6 one they made the sketch. There was something about 7 8 this project that someone else did the sketch on the 9 outside. I think I did the inside, for whatever reason. That's something that shoots in mymind, 10 11 but I don't really remember. 12 Q. l'm not asking you to guess. I just need to -know, do you remembermaking the sketch of 13 14 the inside? A. I'd have to say no then. 15 16 Q. Do you remember scoping out work at 17 Aroma Park? 18 A. Yes. Q. Do you remember whether or not the work 19 20 scoped out included a handicap ramp? 21 A. There was concrete work. l'm not sure if it was a ramp. I knowwe measured for concrete. 22 23 Q. Do you have in front of you Southern Exhibit 107 24
Page 221

Q. Wasit the same day as your site visit at Beaverville, do you remember? A. No. Q. Showing you what we have marked as Exhibit 68 to your deposition. Please take your time to review it and let me "knowwhenyou're ready. A. Okay. Q. Do you recognize Exhibit 68? A. Uh-huh. Q. Vlhat is Exhibit 68? A. It's a scope of work for the Aroma Park office. Q. Whoprepared Exhibit 68? A. I did. Q. Did you prepare all portions of the document? A. Yes. Q. In the case of AromaPark, did you arrive at the site visit with a scope of work form with the item numberfilled in, the description filled in, the unit measure filled in and the unit price filled in? A. Yes. Q. Did you then, during the course of the
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MR. PROSEN: That's the letter you had a minute ago. BY MS. KJ~CHNER: Q. If you could just look at that. Are there any references here to AromaPark? A. Yes. Q. You took a look at Exhibit 10. Can you turn over the document? A. Uh-huh. Q. Did that refresh your recollection about the site visit to AromaPark? A. NowI recall that it was Paul Steiner and Catherine Marks, yes. Q. Catberinewbo, please? A. Catherine Marks, M-A-R-K-S. Q. Who was Catherine Marks? A. Someone the postal sen, ice sent out with Paul Steiner. Q. Was Paul Steiner the project manager you had referred to? A. Yes. Q. Approximately when was this site visit at Aroma Park? A. It was in September of'95.

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site visit, fill in the quantity colurrm? A. Yes. Q. Whendid you fill in the extend price column for AromaPark? A. That I don't recall. Q. Did you fill in the extend price column at the time of the site visit? MR. PROSEN: Objection, asked and answered. BY THE WITNESS: A. I don't recall. BY MS. KIRCHNER: Q. Okay. A. I really don't. Q. Whendid it become important to you to know how much the work scoped out at AromaPark amounted to? MR. PROSEN:Objection, vague. BY THE WITNESS: A. Only when I received the work order from the government, once the post office gave me the draft work order for review. BY MS. KIRCHNER: Q. Do you see here on Exhibit 68 yoo filled " in the extend price column? 2I (Pages 220 to 223"

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1 BY MS. I~IRCHNER: A. Uh-huh. 2 Q. Do you remember,as you sit here today, Q. Andyou filled in this $62,000, is that 3 any such conversation? correct? 4 A. Not specific conversation. I would have A. Uh-huh. 5 said, "What'sthe status ofthese," and that would Q. Is that a yes, sir? A. Yes,it is. 6 have been it, and we would have talked about other 7 things we were working on. I wantto remindyou, for the record, if Q. 8 Q. But, I take it, you do/i't remember any it's a yes, weneeda yes. 9 specific conversations? A. I appreciate it10 A. Not a specific conversation, no. Q. In the case of the Aroma Park site 11 Q. Do you remembergenerally talking about visit, did yougo over the quantity for each of the 12 Paul Steiner after the site visit to Aroma and Park items in the scope of workwith Paul Steiner? 13 asking him about the scope of work? A. Yes. 14 A. Not really. Q. WhatwasMiss Marks'role at the site 15 Q. Whendid-visit? 16 A. Other than whenwill it be coming.I'm A. I really don't "know.She camewith Paul Steiner. I remember she's short. AndI don't know 17 sm:ewetalked about that. 18 Q. Do you rememberanything he said to you? what-19 A. Not really. Q. Wasshe a trainee? 20 did Q. When Paul Steiner leave the postal A. Could be. Could be. 21 service? Q. But you don't know? 22 Mt~_. PROSEN: Objection, assumes facts not in A. I don't "know. Q. Did she makemeasurements the time of 23 evidence and lack of foundation. at 24 BY ~ WITNESS: the site visit?
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1 A. I don't know. 1 A. I don't think she did. But-- no, I 2 BY MS. ICrRCHNER: 2 don't evenwantto say that. Shewasthere, andI 3 Q. Youwere dealing with Paul Steiner when 3 don't know whatcapacityshe wasin, really. 4 he was a project manager, correct? 4 Q. Now, the endof the site visit, what at 5 A. Yes. 5 happened the scopeof workthat you hadprepared to Q. In what time frame were you dealing with for Aroma Park? 6 6 7 him whenhe was a project manager? 7 A. It went with Mr. Steiner or Miss Marks. 8 A. Only the jobs that he was specifically 8 Thepostal servicetook it backto, onceagain, reviewit, add or subtract whatthey wanted and 9 tasked to do with me. 9 Q. Did you ever do actual physical work at changes they so desired or if 10 10 direct meto make 11 a post office wherePaul Steiner wasthe program 11 typically they'dsendmethe work order. 12 manager that post of~ce for your project? at 12 Q. Do you remember makingany changes in 13 A. Yes. Park? 13 the scope of workfor Aroma 14 Q. Which post o~ce? 14 A. I don't recall. of 15 A. Some the 609. I don't recall 15 Q. After the site visit at Aroma Park, did 16 specifically. I'd be guessingto say that one or 16 yougo backto the post office? i 17 A. No. 17 this one. 18 Q. After the site visit at Aroma Park, did 18 Q. Youworkedon Paxton, right? you have conversationswith Paul Steiner whereyou 19 A. Yes. 19 20 checkedup on what had happenedto the scope ofwm'k20 Q. Is that in 609? 21 A. Yes. 21 that you had preparedfor Aroma Park? 22 MR.PROSEN: Objectiom vague, ambiguous. 22 Q. WasPaul Steiner the programmanagerfor 23 Paxton? 23 BY THE WITNESS: 24 A. No. 24 A. Probably. 22 (Pages224to 227'

Case 1:98-cv-00868-FMA

Document 87-18
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Filed 01/14/2005
2004

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RICHARDANTHONY BATTAGLIN, JUNE 1 I,

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Q. Who was? A. It wasn't Paul. Q. Whatother post offices, other than Paxton, did you work on in the 609 zip code? A. Ashkun~, Bonfield, Buckingham, Buckle)', Cabots,, Campus,Chatsworth, Chebanse, Cissna Park, Clifton, Crescent City, Cullom, Danforth, Donovan, ElIiott, Emington,Essex, Gilman, Herschar, Grant Park, Kempton,Ludlow, Loda, Martinton, Melvin, Manteno, Milford, Onarga, Rankin, Reddick, Pmxton, Piper Cily, Roberts, Rossville, Sheldon, Thawville, Wellin~on and Woodland. Q. During what time frame, what years are you Ialking that you did all this work,sir? A. The same years in my claim, from somewhere the calendar '95-ish to '97-ish. in Q. Was some of this work in 19947 A. 1 don't recall, rd have to check my records, Sitting here, 1 don't recall. Q. Howabout Downers Grove? Is that in the 609 zip code? A. 605. Q. 605. I see. Did Aroma Park at the time of the site

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themthe work order, but it's their discretion to keepit or denyit. I've only got the inside. Q. ] want to look at Exhibit 68. Are there particular line items in Exhibit 68 that relate to the handicap ramp? MR. PROSEN: Asked and answered, objection. BY THE W~TNESS: A. There are no ramp issues in this one. BY MS. KIRCHNER: Q. Okay. So you're not making any claims about AromaPark with regard to a handicap ramp? A. No. Q. Wasthere already a handicap ramp at Aroma Park at the time of the site visit? A. I can't explain why or why not we didn't do anythingabout it. I just "know that it was... Q. After the site visit at AromaPark and the scope of work, you drew that up and Paul Steiner takes it back with him, what did you expect was going to happen next with regard to you're doing any work at Aroma Park? MR. PROSEN:Objection, vague, ambiguous, asked and answered. BY THE Wi'TNrEss:
Page 23

1 A. I expect a returned draft work order 1 visit have Xerox capacity, a Xerox machine? 2 from the post office with full extended prices and a 2 A. No. lt's a very rural town. It's on 3 time to start, estimated completion dates for my 3 the corner, as I recall. 4 Q. After the site visit at AromaPark with 4 review and acceptance. And ifI accepted it, ] 5 Paul Steiner and the work is scoped out, what did 5 would sign it and return it for the contracting 6 office's signature and a notice to proceed. 6 you expect was going to happen for fl~at post office? 7 BY MS. KIRCHNER: 7 MR. PROSEN:Objection, vague. 8 Q. So the document you expected to receive 8 BY THE WITNESS: 9 back from the post office, it would have extended A. Myrole in it, is that what you're 9 10 asking? I0 prices on it? ll A. Oh, it always would. 11 BY MS. KIRCHNER: 12 Q. I take it that didn't happen, is that 12 Let me rephrase the question. Q. correct? A. Yeah, 13 13 14 A. Not on the ones I'm claiming, no. 14 Q. You conducted a site visit at AromaPark 15 15 with Paul Steiner and work was scoped out, is that Q. And not for Aroma Park? A. Not for AromaPark. 16 correct? 16 A. Correct. 17 Q. Those extended prices that you expected, 17 18 were those the prices that were part of your 18 Q. Are there particular items that reflect 19 handicap ran~ps in Exhibit 687 19 Indefinite Quantity Contracts that you had at that 20 A. No. 20 time? 2I A. Yes. 21 Q. So you were not scoping out a handicap Q. Let's go on. 22 ramp? 22 23 A. Yes. That doesn't mean that they wanted 23 Did you makea site visit to Papineau? 24 A. Yes. 24 me to do the concrete work. I scoped it and gave 23 (Pnges 228 to 231) 312.782.8087 800.708.8087 FAX:312.704.4950

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1 exhibit-MR. PROSEN: Can you be more precise, please? 2 3 MS. KIRCHNER: All right. 4 MR. PROSEN:Which sketch? 5 MS. KIRCHNER: All right. 6 BY MS. KIRCHNER: Q. Looking at the two sketches that are 7 8 Pages 3 and 4 of Exhibit 69, were either of those 9 sketches madeat the time of your site visit at 10 Papineau? 11 A. I don't recall. Q. But, I take it, neither is your 12 13 handwriting? A. No, this is not my handwriting. 1ti 15 Q. Let's go on. MS. KIRCHNER: Can you mark that? 16 17 (WHEREUPON, certain document was a 18 marked Battaglin Exhibit No. 71 for identification, as of 6/11/04.) 19 20 BY MS. KIRCHNER: 21 Q. Please take a look at what we've marked 22 as Exhibit 7I to your deposition. Canyou tell me 23 whether you recognize this? A. Yes. It's my document of Papineau, 24
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I can't say specifically in Papineau'scase. but thin did happeoon the other forg,-soine we did. Q. You don't know why you put Sam's name on it? A. No, not really, no. Q. Do you remember at wlmt point in time you put Sam's name on the document? A. No. Q. Now, when you arrived at Papineau for the site visit, did you have the item numbercolumn filled out and the description, the unit measurement and the unit price columnsall filled out for the scope of work document? A. Yes. Q. Howdid you go about filling in the quantity column? A. Wewould measure together or disouss together every item that we believed was required to makethe job successful atthe time. Q. Did you do that at Papineau with Paul Steiner? A. Yes. Q. I direct your attention to the very last line where it says "clause C-12 premiumtime." Do
Page 239

l you see that? 1 scope of work. 2" A. Yes. 2 Q. Does this relate to the site visit that 3 Q. Whatare you indicating on that line? 3 you made to that post offce? 4 A. I'm indicating that someof these 4 A. Yes. 5 wark-- these worktasks, if you will, they wanted 5 Q. Can you tell me what work is reflected 6 meto perform, if I wereto get the workorder, 6 in Exhibit 71? 7 would have been done on premiumtime. 7 A. Someinterior work and a concrete rump. 8 Q. Which tasks were to be done on premium 8 Q. Is that a handicap ramp? time? 9 A. Yes. 9 10 A. Whichever task they would have told me 10 Q. ls there any other work on the exterior 11 to do. This is probably whyit went to Sam, because 11 of the post office other than the handicap ramp? I2 there was going to be someissues he wouldsend back 12 A. It doesn't look like it. 13 to meand tell methese are the items that are going Q. Is all the handwriting on Exhibit 71 13 14 to have to be done on premium time. 14 your handwriting? 15 Q. Well, do you rememberwhether or not the 15 A. Yes. 16 postal sarvice told youthat tbere were specific 16 Q. Wlmis the postal service employee that 17 items that had to be done on preInium time? 17 you were with at Papineau? 18 A. Yes, the), would have done it. 18 A. I visited it with Paul Steiner. 19 wouldn'thave done it myself. 19 Q. Wlay did you put Sam Southern's name on Q. And how did you go about computing the 20 20 Exhibit 717 21 figure $8,762.487 21 A. They may have directed me to send it to 22 A. The liae items that are to be covered 22 Samfor review. He reviewed all of these, whether 23 under prenfium time becmnethat quantity, aad you add 23 be was the project managar or not. So this may bare 24 those together and put themio that category. 24 been one that they wanted me to sand in for review. ...................................................................................... 312.782.8087 800.708.8087 FAX: 312.704.4950 25 (Pages 236 to 239) -

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RICHARDANTHONY BATTAGLIN, JUNEFiled 2004 11, 01/14/2005 Case 1:98-cv-00868-FMA Document 87-18 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. 1 don't recall. Q. The site visit to Bradley. did you make that site visit on the sameday that you madea site visit to another postal service facility? A. ] don~t recall, but probably. Q. Is it in the 609 zip code? A. Yes. Q. Was work scoped out at Bradley? A. Yes. Q. What sort of work was scoped out? A. I don't recall right now, Q, Do you remember whether the work scoped out included a handicap ramp? A. Yeah, that's what we did. Wedid a ramp. Q. Do you remember whether you scoped out work on the interior? A. Without seeing my work, I think we did, yes. Q. Did you make any sketches at Bradley at the time of the Site visit? A. No, 1 didn%. Q. Did anybody else make any sketches at Bradley at the time of the site visit?
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Q. Whatdid you do with it? A. Gave to Mr. Steiner. it Q. Whathappenedafier that? A. He would%,pically take it back to the office. Andif there were any adjustments they made,they wouldsend it back to mefor ac~iustments, and then I'd resubmit it to him and then I would wait formyworkorder. Q. What do you remember in the case of Bradle5%what do you rememberspecifically happening with the work order that was scoped out? A. I remember scoping, filling it out, and I remember sending it to him. Q. What do you mean, "sending it to him"? A. .Mailing itto him with the others thatl wouldhave visited. I don't specifically remember every detail of that particular transaction, butI do know measuredit, we went to the site, met we with the postmaster. I remember that. He% tall a gentleman. Q. And then you mailed the scope of work to Paul? A. If he sent it back to mefor corrections, I wouldhave returned itby mail. But
Pag~ 247

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A. I don't reeaIl. Q. Whydid you go to Bradley to perform a site visit? MR. PROSEN: Objection, calls for speculation. BY MS. KIRCHNER: Q. Okay. Let me -- just give me a minute. Youperformed a site visit at the Bradley Post Office, correct? A. Yes. Q. Howdid it come about that yotj were there and performeda site visit? A..I would receive a phone call to complete the task assigned, which was let's visit Bradley in the 609 zip code and to perform whatever work we were going to scope at the time. Q. Do you remember that actually occurring, thatyou actually received a phone call? A. Oh, yeah. Q. And who called you? A. I think tbis phone call was from Paul Ste{ner. Q. Did you fill out a scope ofwm'k docoment at Bradley? A. Oh, sure.

1 I don't think I got that on this one. I don't 2 recall getting one on this one, but I'm not really 3 sure. I knowhe left with the original. 4 MS. KIRCHNER: Could you just mark that. (WHEREUPON, certain document was a 5 6 marked Battaglin Exhibit No. 72 for 7 identification, as of 6/11/04.) 8 BY MS. KIRCI-INER: 9 Q. I'm handing you what we have marked as 10 Exhibit 72 to your deposition. Please take a look ] ] at that and let me knowwhen you're ready. 12 A. Yes. 13 Q. Does Exhibit 72 include two documents, 14 one that's eight pages, followed then by a two-page 15 document? 16 A. Yes. 17 Q. Let's focus first on the first document, 18 the eight-page document 19 Is this all in your handwriting? 20 A. Yes. 21 Q. What is the first document in 22 Exhibit 72? 23 A. It looks like an interior-- interior 24 work. 27 (Pages 244 to 2"47)

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1 Q. And the second document, thafs the 2 two-page document, is that all in your handwriting? 3 A. Yes. 4 Q. Whatdoes that relate to? 5 A. A concrete ramp. 6 Is that the handicap ramp? Q. 7 A. Yes. 8 Q. Do these two documentsrelate to the 9 site visit to Bradley that you'vebeen telling us I0 about? 11 A. Yes. 12 Q. Did you arrive for that site visit with i3 the scope of work foma being filled in where it says item number and the description and the unit measure 14 and then the unit price column? 15 16 A. Yes. i7 Q. Did you then fill in the quantity column during the site visit? 18 19 A. Yes. 20 Q. Did you discuss each of these items in the quantity columnof Exhil~it 72 with Paul Steiner? 21 22 A. Yes. Q. Whendid you fill in the extend price 23 24 coluran?
Page-49

Q. And yoa did that in 19987 A. That I don't recall. MR. PROSEN: Objection. BY MS. KIRCHNER: Q. You submitted your claim in 1998, correct? A. Yes. Q. So when you were stibmitting your claim, did you make sure your numbers matched up? A. Are you saying did I add -- I don't know what you're saying. Q. Let me clarify. I'm directing your attention to E~hibit 52 and Exhibit 72 to your deposition. Do you have those both in front of you, sir? A. Yes, Ido. Q. Do you see that Exhibit 52 is your April 13, 1998 claim? Do you see that? A. Yes. Q. Do you see that that includes the Bradley concrete ramp? A. Yes. Q. More specifically, it includes the Bradley concrete ramp, lobbies and building
Page251

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1 renovation, is that correct? A. That I don't recalh 2 A. Correct. Q. Did you fill in the exntend price column Q. At the time you submitted your claim in 3 at the time in 1998 whenyou were preparing your 4 1998, did you make sure that the work order amount claim? 5 you had for Banverville was correcff" A. I don't recall. 6 A. Absolutely. Not Beaverville. You mean Q. At the time of your claim, at the time of submitting your claim, did you ascertain whether 7 Bradley? 8 Q. Excuse me, Bradley, yes. or not your scopes ofwork and the amountsset forth 9 How you do that, sir? did in the scopes of work, whether they matchedthe amountthat you included in your claim? 10 A. i don't recall if I extended the prices 1 then or if they were already extended. A. I don't recall if I did the extension, 12 Q. But you made sure that the - your what time I did. All I knowis that it was done and 13 computations and your price for the scope of work at that was mynumber. The extended price is irrelevant to me 14 Bradley matched the numbers in the claim, correct? MR. PROSEN: Objection, asked and answered. when I make myscope of work because mycontract is 15 16 BY THE WITNESS: not for that. It's for the quanti~ and for time 17 A. Well, yeah, I verified that $187,352, and ever3rthingelse is negotiated after that. 18 but I don't know And thewhen did it, if I did it at the I Q. 19 site, if I did it later at this requestor that A. So I don't... 20 request. I "knowthat it was calculated. I don't Q. At the time you submitted your claim to 21 recall when. the postal service, did you makesure that your $187,352for Bradley that's set lbrth in Exhibit 72, 22 BY MS. K1RCHNER: Q. Youdon't recall 151ling in the extend ] 23 dmt that matched up with your claim numbers? 24 price coIamnat the time of the site visit to A. Yes. 28 (Pages 248 to 251 ESQUIRE DEPOSITION SERVICES - CHICAGO 312.782.8087 800.708.8087 FAX:312.704.4950 5 5 9

Case 1:98-cv-00868-FMA ANTHONY 87-18 JUNEI 1,200'4 RICHARD Document BATTAGLIN, Filed 01/14/2005
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1 site visit? I 2 A. Yes. 2 Q. What, if any, measurementsdid you need 3 3 4 4 to make? 5 A. Layingout the proper location for, say, 5 6 the drivewaysand the orientation they wouldwant 6 7 7 the foundationto be installed with regard to the had 8 property lines, becauseI tNnkthe government a 8 9 plat of survey fromthe county or whoever. 9 10 How long did the site visit at Berwick I0 Q. 11 11 take? 12 12 A. I don'trecall. 13 (WHEREUPON,certain document was 13 a 14 14 markedBattaglin Exhibit No. 73 for 15 1'5 identification, as of6/11/04.) BY MS. KIRCHNER: 16 16 17 17 Q. Please take a look at what we markedas 18 Exhibit 73 to your deposition and let me knowwhen 18 19 19 you're ready. 20 20 A. Yes. 21 Q. I wantto direct your attention first to 21 22 the last pageof Exhibit 73. Doyou recognize that? 22 23 23 A. Yes. 24 Q. Whatis the last page? 24
P~ge 257

field? A. Yes. did Q. How you do that? A. I carried myunit price -- what this is called again?Exhibit50, notthis particular one, but one that matched contract. AndI wouldcarry my this with me. Q. Youalso had that in th~ truck or vehicle withyou? A. Always. Q. Was there anything else that you always hadin the field when wenton site visits? you A. Tape measure, my lunch. Q. Anyother contract documents that you wouldcarry? A. This unit price schedule. Q. That's the unit price schedulefor your Indefinite QuantityContract? A. Yes. Q. Now,whendid you fill in the ex'tend price column Exhibit 737 for A. I wouldn'tknow. Q. Youdon't recall? A. No.
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A. That's a sketch of-- excuse me. That's a sketch of the Berwick Post Office layout. Q. Anddid you.makethat sketch? A. Yes,this is mywriting. Q. Did you makethe sketch at the time of the site visit? A. Yes. Q. Theremainderof E~xhibit 73, is all the handwriting on there your handwriting? A. Yes. Q. Did you arrive at the site visit at Berwick with the item number,the description, the unit measure the unit price column filled and all out on the scope of workform, Exhibit 73? A. Some it I recall. It was mytypical of standardformthat I created. Q. Which portions? A. I wouldsay this, it looks like the first page, maybe little bit into the second a page, andthen the rest wasfilled in the field. Q. So referring to the third page, did you fill in all oflhe item nunthers, descriptions, uuit measures unit prices for tbat third pagein the and

Q. Is it your handwriting on Exhibit 73 2 where you have the contract numberand the date? 3 A. Yes, this is all myhandwriting. 4 did Q. -When youfill in the date? 5 A. I would assume this date. I filled on 6 it in the daywedid this work. 7 Q. Thedate of the site visit? 8 A. Yes. 9 Q. Onthat sameday, did you fill in during 10 the site visit the -- let me start again. When you put the contract number did 11 12 entry in the form? 13 A. I don't recall. That could have been 14 the day[ did it or not. I don't recall. 15 Q. It could have been on the form already 16 when wentout to the site visit? you 17 A. That's possible. 18 . Q. When you typically -- this portion did 19 right here, is that a stamp?i'm referring to 20 "L.P. Consulting Groop." 21 MR.PROSEN: Objection, asked and answered. 22 ~3¥ THE WITNESS: 23 A. Yes. 24 BY MS. KIRCHNER: 30 (Pages256 to 259"

312.782.8087 800.708.8087 FAX:312.704A950

RICHARD ANTHONY BATTAGL1N, ,ILrNEFiled 01/14/2005 I 1, 2004 Case 1:98-cv-00868-FMA Document 87-18 ! 2 3 4 5 6 7 8 9 10 1l 12 13 14 I5 16 17 18 19 20 21 22 23 24 Q. Did you typically keepcopies of this 1 scope of workform that were blank except for having 2 ymlrstamp, L.P. ConsultingGroup,on it? 3 A. I'm sorry, ask it again. 4 MR.PROSEN: Objection. the question is vague, 5 ambiguous. 6 BY MS. KIRCHNER: 7 Q. I think you explainedearlier that there 8 was a scope of workform whichwouldhe like 9 Exhibil73 withoutanything filled in on it, is that 10 correct? 11 A. Correct: 12 Q. Wasit your practice to put your stamp, 13 L.P. Consulting Group,Incorporated, on such forms? 14 A. Yes. 15 Q. Did youtypically havethat all filled 16 out before you wentout in the field? 17 A. Usually, the only thing wouldcomeout 18 with mewouldbe -- I wouldstampthat becauseI 19 didn't bring the stamp with me. Andtben depending 20 on the project and depending the conversation1 on 21 had with the project manager,1 wouldhave a 22 pre-designedline item so wecan move quicker: 23 Q. What trying to understand,sir, is I'm 24
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BY MS. [~RCHNER: Q. Did you ever tell the postal service what you:" price wouldbe to build the modularpost office at Berwick? A. Yes. Q. Andwhendid you do that? A. When Mr. Rothermal took myoriginal document scope of workback to tile post office. Q. Rightafter the site visit? A. Rightafter the site visit. price did you tell himright after Q. What the site visit? A. I didn't tell himthe price. Hehad the price basedon the quantities. Q. But referring to Exhibit 73, all those numbersin the extend price column-A. Uh-huh. Q. -- those were alI numbers filled in, you correct7 A. Yes. Q. Andyou filled in the subtotal on each of the sheets andthen the total on E "xhibit 73, is that correct? A, Yes.
Page 263

1 whetheryou typically went out for the site visit, 2 the form gets filled in and then you put the stamp 3 on it or whenyou go out, the stamp is already on 4 the form? 5 A. The stamp is already on the form. 6 MS. ICIRCHNER: Let's go offthe record. 7 (WHEREUPON, discussion was had a 8 off the record.) 9 BY MS. KI3KCHNER: I0 Q. We'vebeen talking about your site visit 11 to the BerwickPost Ofrqce. That's the scope of 12 work for the modular, correct? I3 A. Correct. 14 Q. Did you ever submit a bid to perform the 15 modular post office work in Berwick? I6 A. No. 17 Q. Let me make sure. So you never put in a 18 bid as to what your price wouldbe to build the 19 modular post office at Berwick? 20 MR.PROSEN: Objection, misconstrues the 21 testimony and tile evidence. ' 22 BY THE ~qTNESS: 23 A. I never responded to a solicitation 24 request for an offer on this project.

after the site 1 Q. Did you do that sometime 2 visit? 3 A. I don't recall. 4 Q. Do you remember that it was a long site 5 visit at Berwick whereyou actually checkedand did 6 all the mathon the scopeof worktu compute the 7 extendedprice? 8 A. No. The issue is always the line item 9 andthe quantity. Thepostal service's system 10 a/wayshas this and producestile extendedprice. So I l whenhe goes backto his office, he matcheshis 12 quantities with these line items and he producesa 13 number. 14 Q. Did you, yourself, also matchthe line 15 items with the quantities and producethe number for 16 the extendedprice for Berwick? 17 A. Yes. MR.PROSEN: Objection, asked and answered. I8 19 Thedocument speaksfor itself. 20 BY THE WITNESS: 21 A. Yes. 22 BY MS. KIRCHNER: 23 Q. When you had your~nal price for 24 Serwick, was that $30,660.8~7

/

J

31 (Pages260 to 263) ESQUIREDEPOSITION SERVICES- CHICAGO 312.782.8087 800,708.8087 FAX:312.704.4950

-561 -

Case 1:98-cv-00868-FMA

RICHARD ANTHONY BATTAGL1N, JUNE 11,2004

Document 87-18

Filed 01/14/2005

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A. Yes. Q. Did you give that price to the postal service for the Berwick modular post office? A. Well, yes. Not in the form that you see it, but in the form of the workorder. (WHEREUPON, certain document was a marked Battaglin Exhibit No. 74 for identification~ as of~5/I 1/04.) BY MS. KIRCHNER: Q. Please take a look at what we've marked as E 'xhibit 74. Let me knowwhether you recognize this. A. Yes, Q. What is Exhibit 74? A. It looks like a FOIArequest by my company to Mr. Robert Rigsby through my attorney. Q. This is dated April 13th, 1998? A. Yes. Q. And in your FOIArequest, you requested information on the written ndtice of award and all bids received on the Berwick modular post office in addition to other facilities, is that correct? A. That's correct. Q. What did you hear back?
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from Mr. Rigsby. MS. KIRCHNER: was produced to me by your It law firm. BY MS. KIRCHNER: Q. Let's go on. Let's look in Exhibit 75. MR.PROSEN: don't -- I don't believe that I this was produced, I've never seen this before. THEWITNESS: think I h~i~ve an answer. I MS. KIRCHNER: It's in my records as coming from your law firm. MR.PROSEN: I've never seen this document. Andfor the record, it's addressed to the U.S. Postal Service's Joyce Blakley, paralegal specialist from Mr. Rigsby. It is not addressed to L.P. Consulting. THEWITNESS: our ~.ttorney. Or BY MS. KIRCHNER: Q. Lefs turn to the fifth page in Exhibit 75. A. Not counting the cover page? Q. No, I was counting it. M~. PROSEN: 3Jou mean the fourth page? Did I miscount? BY MS~ KIRCHNER:
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Q. We're on the fifth page of Exhibit 75. MR. PROSEN:'Objection, vague, ambiguous. 2 Do you see it says "Term Construction Contract Work 2 BY THE WITNESS: 3 Order"? A. Nothing from Mr. Rigsby. 3 4 A. Uh-huh. 4 (WHEREUPON, certain document was a 5 Q. Is that a yes, sir? 5 marked Battaglin Exbibit No, 75 for 6 A. Yes,it is. 6 identification, as of 6/11/04.) 7 Q. Could you take the time to look at that 7 BY MS. KIRCHNER: 8 document which begins on Page 5 and compare it to 8 Q. Please take a look at what we've marked 9 as Exhibit 75 to your deposition. Let me "know when 9 Exhibit 73? Let me know when you're ready. 10 A. Yeah, I'm ready. 10 you're ready. 11 Q. Putting aside the sketch, which is the 11 A. Yes. 12 last pageof E 'xhibit 73, do the first three pagesof 12 Q. Do you see that this is a response to 13 Exhibit 73 appear to be identical to the pages 13 your FOlA request-14 contained in Exhibit 75, which would bethe fifth, 14 MR. PROSEN:May l see this? 15 sixth and seventh pages of the exhibit? 15 THE WITNESS: Uh-huh. A. l'm sorry, you've got to ask that again. 16 16 BY MS. KIRCHNER: Q. All right. Youbare both exhibits in 17 17 Q. You have in front of you Exhibit 75 to 18 front of you. You'vegot 73 and 75, correct? 18 your deposition. Do you seethat is a response to A. Yes. your FOIArequest which we have as Exhibit 74? It 19 19 Q. Now,the first three pages of i 20 20. was dated April 13th, 1998. ' 21 Exhibit 73 -21 MR. PROSEN:Objection, misconstrues the 22 A. Without the last sheet? 22 exhibit. Q. -- without the last sheet, do they 23 23 BY THE WITNESS: 24 appear to be identical to Pages 5, 6 and 7 of 24 A. Yes, rids document did not come to os 32 (Pages 264 to 267" ESQUIREDEPOSITIONSERVICES- CI-tlCAG