Free Response - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 222-6 Filed 10/01/2004 Page 1 of 2 U.S. Department Justice of Civil Division

154-98-I68 DEK:TPMcIlmail

Phone: (202) 305-7561 Fax: (202) 305-7644
ff~ashington, D.C. 205.J0

July 15, 2002 DELIVERED FACSllVIILE BY Paul W. Killian Akin, Gump,Strauss, Hauer & Feld 1333 NewHampshire Ave., NW Washington, DC20036 Facsimile: (202) 955-7605 Re: North Star Alaska HousingCot0. v. United States, No. 98-168C(Fed. C1.)

Dear Paul: Thankyou for your letters of July 10 and 12, 2002. We not agree that any of our do responses to your supplementaldiscovery request is deficient. Yourunsupportedbeliefs do not amountto valid objections. The distinction betweenContracting Officers and Real Estate Leasing Contracting Officers is meaningless, considering that this case involves a lease. We also stated objections, whichwe invoke again now, to your Interrogatory No. 7 and Requestfor ProductionNo. 6. Ourprivilege log provides you with all the information that is necessary to support our invocation of privilege. We regard your one-pageletter of July 12, 2002 as an informal and untimelyrequest for productionof documents that are irrelevant to this case and, therefore, will not respondfurther to that request. Weregard your two-pageletter of July 12, 2002as a Rule 30(b) notice of examination. We object to your scheduling a deposition of Harold Hopson July 27, 2002, the day aiier on discovery closes. Wealso object to your scheduling depositions in Anchorage Yolanda of Klurnb, Nikish Goins, RodEverett, and ConnieKiser, whoare in Fairbanks. Wealso object to your scheduling two depositions of CormieKiser. If you do not immediatelyreschedule the depositions to satisfy these objections, wewill request a telephonic conferencewith the Court to resolve this dispute. Wealso note that you notice the deposition of Dennis Klune. Wedo not knowa Dennis Klune, and assumethat you meantto refer to Dennis Klein. If you did meanto refer to Dennis Klein, wenote that we are not responsible for ensuring his appearanceat any deposition.

Case 1:98-cv-00168-FMA

Document 222-6

Filed 10/01/2004

Page 2 of 2

We note that you have provided copies of your July 10, 2002letter and one of your July 12, 2002letters to the Court. We decline to forwarda copy this letter to the Court, because wedo not read the Court's June 3, 2002order as anticipating that the parties will provide to the Court copies of its communications regarding discovery disputes. Weexpect that if you continue to have, after this response, the concernsthat youexpress in your letters, you will request that the Court conduct a telephonic conference. Sincerely,

Donald E. Kirmer Assistant Director CommercialLitigation Branch