Free Response to Motion - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

Document 821-2

Filed 06/14/2004

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APPENDIX

Case 1:98-cv-00126-JFM

TRANSCRIPT OF PROCEEDINGS

Document 821-2

Filed 06/14/2004

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1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 2]. a United Yankee Company

In

the

United

States

Court

of

Federal

Claims

Atomic

Electric : NO. 98-126C

Vo

States

of

America

May DEPOSITION OF: Kenneth witness, called at 9:30 by counsel

3,

2004

W.

Blair, to taken notice, at Spriggs DC

pursuant was

commencing and

a.m., 1350

which Eye St.,

Hollingsworth,

NW,

Washington,

This transcript has beencompletelyindexedfor your convenience. will help youlocate the testimony It you want FAST. The index is located in the back pagesof this volume.

Overnite
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KENNETH BLAIR DEPOSITION Yartkee A~omic v. USA
1 2 3

Case 1:98-cv-00126-JFM

Document 821-2
Page 229

Filed 06/14/2004

Page 3 ofMay 3, 2004 3
Page 231

MR.SHULTIS: rdjust like to ask Kenone question about somethinghe testified about earlier.

4 CROSS EXAIVKNATION: 5 BY MK. SHULTIS:

Q. Ken,you testified earlier today about the 7 types of things you threw out that weren't part of 8 the work papers we provided Robert. Could you 9 explainthat a little bit further? A. Themwere a variety of categories of documents I prepared. 12 I take notes whenI have phone calls so I 13 can follow up on issues. I follow up on those
14 15 16 17

1 started up here and I quickly ran out of space, I 2 threw it away and I ended up getting it on one piece 3 of paper. 4 That's an example. I did not keep the 5 original start to that exercise. MR.S.HIJLTIS: just wantedto make I 6 7 sure you understood what it was he was talking about 8 that he threw out versus what he kept. I think that 9 once you take a look at this, you can understand you 10 don't doit on the first try, at least I certainly 11 couldn't Thoseare all the questions I have. 12 MR.SHAPIRO: mejust clarify Let 13 14 with respect io the notes.

18 19 20 21

issues and I throw out the notes in order to make 15 RE-DIRECT EXAMi-NATION: sm'e that I complete those kinds of tasks 16 BY IvlR. SHAPIRO: administratively. I discard those in the normal 17 Q. I believe Mr. Shultis asked you whether course of business. 18 the final work product has madeit into the work The other thing I do is I take notes on documents and I believe I've shared all those that I 19 product documentsthat you provided to the 20 plaintiffs and you said "Absolutely, yes." have on Friday with ~e other side. A lot of that 21 The finai work product madeits way to us is my handwriting. Page 232 [ Page 230 During the course of the analysis, in order to better understand various issues I take notes. Sometimesthose notes make it into a chronologyand sometimesthose notes makeit into a graphic that ultimately is adopted in the analysis ! but the notes themselves wouldhave been discarded 2 in the ordinary course? 3 A. Yes, unless I'm not understanding yottr 4 question correctly. 5 Q. You did. Thosenotes n-fight include, for example,your 7 consideration of issues that ultimately didn't find 8 their wayinto the final summary opinion that was of 9 submitted? 10 A. Certainly notes of administrative issues 11 as to when things were to be done or due or copied 12 or whatever, certainly they never madetheir way 13 into work product. 14 But notes in general I followed through on 15 and discarded. 16 I don't know howother to explain that. 17 MR.SHULTIS: you want to define Do 18 "issues," explain what "issues" are? 19 MR.SHAPIRO: don't need to. I'm I 20 satisfied with the clarification.

2 3 4 5

6 but in all instances I discard those in the normal 7 coll.rse of what I do, and I've always done that So I believe that summarizes what you're 8 9 asking with respect to notes that I've taken since I I0 started on the job. Q. The information, the final workproduct 11 12 "has madeit into the workproduct documentsthat we 13 provided to Robert? 14 A. Absolutely, yes. 15 Q. Andas an example-- and t thought this I6 could illustrate it -- exhibit number n~e whichis 17 your handwritten graphic notes, I think you told me 18 earlier that this wasn'tyour first draft.but thds

19 has all the informationthat you put together in 20 your analysis. MR. SHULTIS: Imean, his A. That's an exampleof it. I think I 21 21 Page 229 - Page _~2 OVERNITE COURT REPORTING SERVICE Washington, D.C. (301) 593-0671