Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:98-cv-00419-LB

Document 187-2

Filed 06/07/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS RESOURCE INVESTMENTS, INC., and LAND RECOVERY, INC., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. DECLARATION OF DANIEL D. SYRDAL IN SUPPORT OF MOTION TO ALLOW COMMENCEMENT OF DAMAGES DISCOVERY I, Daniel D. Syrdal declare as follows: 1. I am an individual over eighteen years of age. I am an attorney in the law firm of No. 98-419L Judge Lawrence J. Block

Heller Ehrman LLP. I have personal knowledge of the facts stated herein, and if called to testify I could and would testify competently to the facts set forth herein. 2. I am counsel of record for Plaintiffs LRI and RII in the above-captioned case, and

have represented LRI in connection with landfill permitting issues since 1986. 3. During the period that the Corps exercised jurisdiction over the 304th Street

Landfill involved in this case, I met regularly with the LRI Board of Directors, which at relevant times included three members, Harold LeMay, President of LRI, Dave Murrey, and Ed Long, all part owners of LRI. During such meetings, we discussed permitting issues, including matters involving the assertion of jurisdiction by the U.S. Army Corps of Engineers, as well as LRI business affairs. 4. Harold LeMay, Ed Long, and Dave Murrey have each since died. As members of

the Board of Directors, each had knowledge about facts concerning LRI's business affairs and the landfill business in Pierce County that are relevant to damages issues in this case. Of the

Case 1:98-cv-00419-LB

Document 187-2

Filed 06/07/2007

Page 2 of 2

three, only Mr. LeMay was deposed in this case, and his deposition did not focus on damages issues. I declare under penalty of perjury under the laws of Washington State and the United States that the foregoing is true and correct. Executed on June 7, 2007 at Seattle, Washington. s/ Daniel D. Syrdal Daniel D. Syrdal

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