Free Witness List - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

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IN

THE

UNITED STATES COURT ) ) ) ) ) ) ) ) ) )

OF

FEDERAL CLAIMS

NORTH STAR ALASKA HOUSING CORPORATION , Plaintiff, v. THE UNITED STATES , Defendant.

No. 98-168C (Judge Allegra)

WITNESS LIST In accordance with Appendix A, paragraph VI(15) of the rules of the Court of Federal Claims, defendant may call the following witnesses during the October 7, 2004 hearing upon North Star's Emergency Motion: 1. Stacey Andreasen. Ms. Andreasen is a paralegal for

the Corps of Engineers, Kansas City District, Kansas City, Missouri. Ms. Andreasen was present at the

place and time in controversy and is most likely the person Ms. Reese claims she saw shredding documents. Ms. Andreasen will testify as to the actual conditions and events in that office on that day. Ms.

Andreasen's testimony will require approximately forty-five minutes. 2. Rodney Everett. Mr. Everett is the Contracting

Officer's Representative for the Corps of Engineers, Alaska District, Ft. Wainwright, Alaska. Mr. Everett

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was present at the place and time in controversy and will testify as to the actual conditions and events in that office on that day. Mr. Everett will also lay

foundation for a demonstrative exhibit which will illustrate the layout of the office where Ms. Reese claims she saw the shredding incident. Mr. Everett

may also lay foundation for pictures of the scene. Mr. Everett will also testify generally to the use of the shredder and other pieces of office equipment in the office. Mr. Everett may also testify to the

retrieval of the contents of the shredder from his office. Mr. Everett's testimony will require

approximately one-half hour. 3. Lori Dallas. Ms. Dallas is the 801 Housing Manager

for the Department of Public Works, Housing Division, Ft. Wainwright, Alaska. Ms. Dallas was present at the

place and time in controversy and will testify as to the actual conditions and events in that office on that day. Ms. Dallas will testify to the remains of

the documents that were recovered from the shredder. Ms. Dallas' testimony will take approximately one-half hour.

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4. Gary Lucksted is a Contract Performance Evaluator for Department of Public Works, Contract Management Division, Ft. Wainwright, Alaska. Mr. Lucksted was

present at the place in controversy approximately 15 minutes before Ms. Reese claimed to have observed the shredding. Mr. Lucksted will testify to the actual

conditions and events he observed before leaving and who was present. Mr. Lucksted will also testify concerning the general use of the shredder and other pieces of office equipment in the office. 5. Deb Reese. North Star. Ms. Reese is the Office Administrator for Ms. Reese will testify regarding her

claimed personal observations on the place and time in question. 6. Paul Killian. plaintiff. Mr. Killian is the Attorney for the

The first report of Ms. Reese's statement Mr.

is not consistent with Ms. Reese's affidavit.

Killian should possess personal knowledge of a prior inconsistent statement of Ms. Reese. Mr. Killian's

testimony regarding his conversation with Ms. Reese is not privileged because North Star waived its privilege by reporting the conversation to the Court. The Court

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should hear each version of Ms. Reese's story before ruling upon her credibility. 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 Alaska District

s/Donald E. Kinner DONALD E. KINNER Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 305-7561 Facsimile: (202) 305-7644 Attorneys for Defendant

September 30, 2004

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Certificate of Filing I hereby certify that on September 30, 2004, a copy of the foregoing 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. access this filing through the Court's system. Parties may

s/Donald E. Kinner