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

Case 1:98-cv-00126-JFM

Document 784-7

Filed 04/07/2004

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1350 I Street, NW Washington, DC 20005

prigg&iollingsworth

tel. 202. 898. 5800 fax 202. 682. 1639 www. sptiggs. com
Robert L. Shapiro 202. 898. 5879 IShapito~sptiggs. com

April 7, 2004

Via Facsimile and Mail

Harold D. Lester, Jr. Assistant Director Commercial Litigation Branch . Civil Division United States Department of Justice Eighth Floor Mailroom 1100 L Street, N.
Washington, D. C. 20530

Re:

Yankee Atomic v. u.S.. Connecticut Yankee v. U.s.. Maine Yankee v. u.S.

Dear Harv:

Enclosed is Yankee Atomic s notice of depositions for James Carlson and David Zabransky. In my March 23 , 2004 letter, we requested dates when these witnesses would ,be we available. We have received no availability infonnation from the government. Therefore , we remain willing discuss have little choice but to serve the enclosed notice. Nevertheless alternative dates for these depositions ifthe dates set out in the notice are not convenient for the
witnesses or counsel.

Sincerely,

Enclosure

Case 1:98-cv-00126-JFM

Document 784-7

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY,

Plaintiff,
No. 98- 126C

(Senior Judge Merow)
THE UNITED STATES OF AMERICA
Defendant.

NOTICE OF DEPOSITIONS

Yankee Atomic hereby provides notice that it will take the depositions of the individuals
set out below beginning on the following dates:

James Carlson

April 23, 2004

David Zabransky

April 30, 2004

Although we expect that each deposition will be completed in one day, each deposition shall continue day to day until completed or be held at such other times and places as agreed to by the

parties. The depoistions will be taken at the offices of

Spriggs & Hollingsworth at the address

noted below, beginning each day at 9:30 a.m. The testimony will be recorded stenographically.

1 This notice should also be deemed applicable to v. United States,

Connecticut Yankee

v.

United States

No. 98-

154C and

Maine Yankee

No. 98- 474C.

Case 1:98-cv-00126-JFM

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Dated: April

2004

Respectfully submitted,

Jerry St

Spriggs Hollingsworth
I Street, NW, Ninth Floor Washington, DC 20005 (202) 898- 5800 (202) 682- 1639 (facsimile)
1350

Counsel for Plaintiff YANKEE ATOMIC ELECTRIC COMPANY
Of Counsel:

Robert S. Shapiro Spriggs & Hollingsworth

Case 1:98-cv-00126-JFM

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CER TIFICA TE OF

SERVICE

I certify that I caused a copy of the foregoing Notice of Depositions to be served by
facsimile and mail this 7th day of April 2004 on:

Harold D. Lester, Jr. Assistant Director Commercial Litigation Branch Civil Division
u.S. Department of Justice

Classification Unit, Eighth Floor 1100 L Street , N. Washington , D. C. 20530

Robert L. Shapiro

4/

Case 1:98-cv-00126-JFM

Document 784-7

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United States Court of Federal Claims
Co.. Maine Yankee Atomic Power Co.. and
Yankee Atomic Electronic
Civil Action No.

Connecticut Yankee Atomic Power Co.
vs.

98- 126C. 98-474C and 98- 154C

THE UNITED STATES
To:

SUBPOENA

James Carlson 4008 Glenrose Street Kensington. MD 20895
YOU ARE COMMANDED to appear at the place , date, and time to testify in the above case.

PLACE OF TESTIMONY

DATE AND TIME

, date , and time specified below to testify at the taking of a deposition in the --X- YOU ARE COMMANDED to appear at the place

above case.

PLACE OF DEPOSITION

Spriggs & Hollingsworth 1350 I Street, N. Washin~ton, DC 20005-3305 , and YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date time specified below (list documents or objects):
PLACE

DATE AND TIME April 23, 2004 at 9:30 a.

DATE AND TIME

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specific below.
PREMISES

DATE AND TIME

April 7 , 2004

Jerry Stouck, Esq. ; Spriggs & Hollingsworth , 1350 I Street, N.

, Washington , DC 20005

(202) 898-5800 A TIORNEY FOR PLAINTIFF
, or if the place of the NOTE: If the place of travel is more than 100 miles (by the shortest usual means of travel) from the place where the subpoena person served may regard the , the is served deposition is more than 100 miles from the place where the deponent resides, is employed or transacts business in person command as optional unless there is attached to the subpoena an order of the Court requiring hislher appearance, notwithstanding the distance of travel. In any ~ 1821)
event, response to the subpoena will entitle the person to the fees and mileage allowed by law. (28

US. C.

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PROOF OF SERVICE

DATE

PLACE

SERVED

SERVED ON (pRINT NAME)

MANNER OF SERVICE

Fees tendered for one day s attendance and milage allowed by law. (Fees and milage need not be tendered when the subpoena is issued on behalf of the United States or an officer or agency thereof.

DECLARATION OF SERVICE
I declare under penalty of perjury under the laws of the United States of America that the foregoing infonnation contained in the
Proof of Service is true and correct.

Executed on:

DATE

SIGNATURE OF SERVER

ADDRESS OF SERVER

Case 1:98-cv-00126-JFM

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45. RCFC (c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court shall enforce this duty and impose upon the party or , lost earnings and a reasonable attorney in breach of this duty an appropriate sanction , which may include , but is not limited to
attorney's fee. , papers , documents or (2)(A) A person conunanded to produce and pennit inspection and copying of designated books tangible things or inspection of premises need not appear in person at the place of production or inspection unless conunanded to appear for deposition , hearing or trial. (B) Subject to paragraph (d)(2) of this rule , a person conunanded to produce and pennit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service , serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made , the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court. If objection has been made the party serving the subpoena may, upon notice to the person conunanded to produce , move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting ITom the inspection and copying commanded. (3)(A) On timely motion , the court shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides , is employed or regularly transacts business in person , except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule , such a person may in order to attend trial be commanded to travel from any such place

, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies (iv) subjects a person to undue burden. (B) Ifa subpoena , or (i) requires disclosure of a trade secret or other confidential research, development, or conunercial information (ii) requires disclosure of an unretained expert' s opinion or information not describing specific events or occurrences in dispute and resulting from the expert' s study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles , ifthe party to attend trial , the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otheIWise met without , the court may order undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated appearance or production only upon specified conditions. . (d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial , the claim shall be made expressly and shall be supported by a description of the nature ofthe documents
preparation materials

conununications , or things not produced that is sufficient to enable the demanding party to contest the claim.