Free Witness List - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 299

Filed 07/20/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTH STAR ALASKA HOUSING CORP., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 98-168C (Judge Allegra)

DEFENDANT'S WITNESS LIST Defendant, the United States, submits the following list of witnesses to testify at trial: 1. Mr. Harold "Guy" Hopson: (907) 753-2858; P.O. Box 6898

Anchorage, AK 99506-0898 Building 21-700 Corner of Plum and Bluff Elmendorf Air Force Base, AK 99506. Mr. Hopson is the Chief of

Real Estate and the equivalent of a contracting officer for the Birchwood Estates lease. He is expected to testify about the He is also We

basis for contracting officer decisions in this case.

one of the custodians of official records for the Government. expect to present Mr. Hopson and expect his direct testimony to last three hours. 2. Mr. Rodney G. Everett: (907) 479-2657 x113; U.S.

Department of Agriculture, Natural Resources Conservation Service, 590 University Ave., Suite B, Fairbanks, AK 99709.

Mr. Everett was the Corps of Engineers Contracting Officer's Representative for Birchwood Estates. Mr. Everett is expected to

testify about the day-to-day observations of Birchwood Estates,

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its management, and the behavior of the residents and Government officials. We expect to present Mr. Everett and expect his

direct testimony to last one hour. 3. Ms. Connie Kiser: (907) 353-1655; 1060 Gaffney Rd.,

Building 3401; #15, Ft. Wainwright, Fairbanks, Alaska 99703. Ms. Kiser is the Chief of Housing Branch for the Director of Public Works (DPW) for the Army at Ft. Wainwright Alaska. She is

expected to testify about method for assigning housing units to soldiers, the calculation of downtime, housing inspections, depreciation of replacement items, and other matters relating to Birchwood Estates for which she is responsible. Ms. Kiser is

also one of the custodians of the records for the Housing Office facility administration files. We expect to present Ms. Kiser

and expect her direct testimony to last five hours. 4. Mr. Gary Lucksted: (907) 353-9351; Birchwood

801 Housing; 1066 7th Infantry Division Loop; Fairbanks, Ft. Wainwright, AK 99703. Mr. Lucksted is the Contract Performance He is expected to testify about We expect to present Mr. Lucksted

Evaluator employed by the DPW. inspections of housing units.

and expect his direct testimony to last one hour. 5. SFC John C. Albrecht: (907) 353-6669; 1060 Gaffney Rd., SFC Albrecht

Building 1555, Room 102; Ft. Wainwright AK, 99703.

is the Non-Commissioned Officer In Charge of Post Services and is 2

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one of the Custodian of the Records for Post Services.

SFC

Albrecht is expected to testify about the process for enforcing rules regulating occupants for the entire base and whether Birchwood Estates is subject to selective enforcement and other matters relating to military family housing for which he is responsible. We may present SFC Albrecht if the need arises and

expect his direct testimony to last one half-hour. 6. Mr. Wolfgang Kreisman: (907) 353-1659; 1060 Gaffney Rd. Mr. Kreisman is a housing

Bldg. 3401, Ft. Wainwright, AK. counselor at Ft. Wainwright.

He is expected to testify about We may

counseling soldiers prior to assignment of housing.

present Mr. Kreisman if the need arises and expect his direct testimony to last one half-hour. 7. Mr. Stephen W. Hill: (907) 353-6199. 060 Gaffney Rd.

Bldg. 3014, Ft. Wainwright, AK, 99703. Help Store at Ft. Wainwright.

Mr. Hill manages the Self

He is expected to testify about

the stocking of the Self Help store and the use of the store by occupants. We expect to present Mr. Hill and expect his direct

testimony to last one half-hour. 8. Ms. Mae (Willie) Harrell: (907) 353-1696: 1060 Gaffney

Rd., Building 3401; #15, Ft. Wainwright, Fairbanks, Alaska 99703. Ms. Harrell is the Division Housing Chief for Ft. Wainwright Alaska. She is expected to testify about the administration of 3

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Birchwood Estates since it was first occupied in 1987.

We expect

to present Ms. Harrell and expect her direct testimony to last one hour. 9. Ms. Lori Dallas. (907) 353-9350 Birchwood 801 Housing;

1066 7th Infantry Division Loop; Fairbanks, Ft. Wainwright, AK 99703. the DPW. Ms. Dallas is the Government on-site representative for She is expected to testify about the approval of work

authorizations and the basis and authority for denials, the calculation of downtime, and other day-to-day operations at Birchwood Estates. We may present Ms. Dallas if the need arises

and expect her direct testimony to last one half-hour. 10. Mr. Edward Miller: (907) 353-4754; 1060 Gaffney Rd. Mr. Miller is a Contract He is

Bldg. 3021, Ft. Wainwright, AK 99703.

Performance Evaluator for the Army at Ft. Wainwright, AK.

the former 801 project manager and is expected to testify about the approval of work authorizations and the basis and authority for denials, the calculation of downtime, and other day-to-day operations at Birchwood Estates during his tenure as project manager. We expect to present Mr. Miller and expect his direct

testimony to last two hours. 11. Ms. Cynthia Larson: (907) 353-4510; 1060 Gaffney Rd. Ms. Larson is the USARAK

Bldg. 6500, Ft. Wainwright, AK 99703. Housing Program Manager.

She is expected to testify about the 4

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incentive awards board.

We may present Ms. Larson if the need

arises and expect her direct testimony to last one half-hour. 12. Ms. Suzanne Harrison: (703) 601-2498; 2511 Jefferson Ms. Harrison is the Chief of

Davis Highway, Arlington, VA 22202.

Army Unaccompanied Housing and the former Chief of the Housing Division at Ft. Wainwright. She is expected to testify about the

day-to-day administration and operation of Birchwood Estates, its management, and the behavior of the residents and Government officials, including downtime calculations and the incentive awards board. We may present Ms. Harrison if the need arises and

expect her direct testimony to last one hour. 13. Mr. Thomas Peterson: (907) 384-3127; DPW Bldg. Mr. Peterson

730 Quartermaster Road, Ft. Richardson, AK 99505. is the Project Manager for Master Planning.

Mr. Peterson is

expected to testify about downtime calculations and the incentive awards board. We expect to present Mr. Peterson and expect his

direct testimony to last one hour. 14. Karl N. Sopp, MAI: (907) 452-6691; The Appraiser's Mr. Sopp

Company, 700 3d Avenue, Suite 202, Fairbanks, Alaska.

is an appraiser retained to testify about the March 11, 2005 "Appraisal of North Star Alaska Corporation, Fort Wainwright, Alaska" of Drs. Bill Mundy and Ron Throupe. We expect to present

Mr. Sopp and expect his direct testimony to last two hours. 5

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15.

Ms. Jerry Andrews:

(907) 377-2244; 2310 Central

Avenue, Suite 100, Eielson AFB, Alaska, 99702/ 354 CES/CEH. Ms. Andrews is the Air Force Housing Manager at Eielson AFB and is expected to testify about the administration of the Polar Star, Sprucewood Homes lease. We may present Ms. Andrews if the

need arises and expect her direct testimony to last two hours. 16. Ms. Karen Goodrich: (808) 275-3112; Attn: APVG-GW, Ms. Goodrich is

Bldg. 104, Stop 253 Wheeler AAF, HI 96857-5013. the former Housing Division Chief.

She is expected to testify

about downtime, rent abatements, and the frequency of refuse collection at Birchwood Estates. We expect to present

Ms. Goodrich and expect her direct testimony to last one hour. 17. Mr. Donald Kinner: (202) 305-7562; United States

Department of Justice, 1100 L St., NW Washington, DC 20005. Mr. Kinner is former lead counsel for the Government in this case. He is expected to testify about the 1995 settlement

agreement and the frequency of refuse collection at Birchwood Estates. We expect to present Mr. Kinner and expect his direct

testimony to last one hour. 18. Mike T. Meeks (907) 353-7287; 846 Silver Tree Court, Mr. Meeks is the director of public

Fairbanks, Alaska 99712.

works, Ft. Wainwright, Fairbanks, Alaska.

He is expected to We expect to

testify about decisions of the incentive fee board. 6

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present Mr. Meeks and expect his direct testimony to last one half-hour. 19. Rhonda Sekyra: 937 Harvard Avenue East, Seattle, WA

(206) 328-2000 Chief Financial Officer, North Star Alaska Housing Corporation. She is expected to testify about the bases and

amounts of plaintiff's claims in this case and whether plaintiff has attempted to sell or refinance Birchwood Estates. We may

present Ms. Sekyra if the need arises and expect her direct testimony to last one half-hour. 20. Martin Gannon: (907) 356-1616. 3980 Lentine Court,

Fairbanks, Alaska. Birchwood Estates.

Mr. Gannon performs maintenance work at He is expected to testify about the We expect to

maintenance and condition of Birchwood Estates.

present Mr. Gannon and expect his direct testimony to last one half-hour. 21. Deborah Reese: North Star Alaska Corporation Office

Manager, 1066 7th Infantry Division Loop; Fairbanks, Ft. Wainwright, AK 99703 (907) 353-1616. Ms. Reese is expected to

testify about plaintiff's interactions with Army housing personnel. We may present Ms. Reese if the need arises and

expect her direct testimony to last one half-hour.

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22.

Richard Fischer: 937 Harvard Avenue East, Seattle, WA President, North Star Alaska Housing

(206) 328-2000. Corporation.

Mr. Fischer is expected to testify about the bases

and amounts of plaintiff's claims in this case, and whether plaintiff has attempted to sell or refinance Birchwood Estates. We may present Mr. Fischer if the need arises and expect his direct testimony to last one hour. 23. Dennis Klein, P.O. Box 113312, Anchorage AK, 99511. Mr. Klein was the equivalent of a contracting

(408) 488-1852.

officer for the Birchwoood Estates lease, and is expected to testify about the basis of contracting officer decisions during his tenure. We expect to present Mr. Klein and expect his direct

testimony to last one hour. 24. Al Dordan, Senior Auditor, Internal Review and

Compliance Office ("IRACO"), United States Army Alaska, 600 Richardson Drive #5600, Fort Richardson, AK 99505-5600, (907) 384-7639. Mr. Dordan is expected to testify about the results of

an examination or audit to be conducted of the sources of the summary exhibits identified in Plaintiff's Statement Of Summary Exhibits For Trial. We expect to present Mr. Dordan, or any

other IRACO auditor assigned to conduct the examination or audit, and expect his direct testimony to last two hours. We reserve the right to call any individuals identified on 8

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plaintiff's witness list. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

s/David M. Cohen DAVID M. COHEN Director

OF COUNSEL WILLIAM. M. EDWARDS Assistant District Counsel United States Army Corps of Engineers

s/Timothy P. McIlmail TIMOTHY P. McILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0361 Facsimile: (202) 514-7965 Attorneys for Defendant

July 20, 2005

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Certificate of Filing I hereby certify that on July 20, 2005, a copy of the foregoing Defendant's Witness List was filed electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. may access this filing through the Court's system. s/Timothy P. McIlmail Parties