Free Witness List - District Court of Federal Claims - federal

Case 1:97-cv-00187-FMA

Document 202

Filed 09/12/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HEALTH INSURANCE PLAN OF GREATER NEW YORK, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

Nos. 97-187C, 01-148C (Judge Allegra)

DEFENDANT'S AMENDED WITNESS LIST Pursuant to Appendix A, ¶ 15(a), of the Rules of the Court of Federal Claims, and ¶ 7(b) of the Court's Order filed on February 10, 2003, and defendant, the United States, provides the following list of witnesses who are likely to be called to testify at the trial of the above captioned action: 1. MS. ABBY L. BLOCK Senior Advisor for Employee and Family Support Policy Division for Strategic Human Resources Policy Office of Personnel Management 1900 E Street, N.W. Washington, D.C. 20415 Tele: (202) 606-0770

Topic(s) of testimony: Operation of FEHB Program; enrollment reconciliation; FPM Supplement 890-1; OPM Administrative Kit; policy and practice relating to SF 2811; and DX 9 through DX 21,1/ including foundation for admission of DX 9 through DX 21 into evidence. It is estimated that Ms. Block's direct testimony will take three hours.

"DX ____" refers to the referenced trial exhibit listed on "Defendant's Exhibit List" dated July 14, 2003.
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2.

MR. JAY FRITZ Policy Analyst Program Planning and Evaluation Group Insurance Services Program Center for Retirement and Insurance Services Division for Human Resources Products and Services Office of Personnel Management 1900 E Street, N.W. Washington, D.C. 20415 Tele: (202) 606-0004

Topic(s) of testimony: Operation of FEHB Program; enrollment reconciliation; FPM Supplement 890-1; OPM Administrative Kit; policy and practice relating to SF-2811; foundation for admission of FEHB Program enrollment documents for members of plaintiff's FEHB Plan with respect to whom defendant's trial expert's March 28, 2003 report, as amended, identifies errors in plaintiff's enrollment data; and DX 9 through DX 21, including foundation for admission of DX 9 through DX 21 into evidence; foundation for admission of DX 73 through DX 101 into evidence. It is estimated that Mr. Fritz's direct testimony will take three hours. 3. MR. DAVID LEWIS Contracting Officer Chief, Health Insurance Group III Insurance Services Program Center for Retirement and Insurance Services Division for Human Resources Products and Services Office of Personnel Management 1900 E Street, N.W. Washington, D.C. 20415 Tele: (202) 606-0737

Topic(s) of testimony: FEHB Program contract between plaintiff and defendant in effect for contract years 1990 through 1996 (DX 1 through DX 8), including foundation for admission of DX 1 through DX 8 into evidence. It is estimated that Mr. Lewis's direct testimony will take one hour. -2-

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4.

MS. LORI A. MIMS Chief, Retirement Benefits Branch Retirement Eligibility and Services Group Retirement Services Program Center for Retirement and Insurance Services Division for Human Resources Products and Services Office of Personnel Management 1900 E Street, N.W. Washington, D.C. 20415 Tele: (202) 606-5240

Topic(s) of testimony: OPM screen prints from the Annuity Roll Processing System for members of plaintiff's FEHB Plan with respect to whom defendant's trial expert's March 28, 2003 report identifies errors in the enrollment data for plaintiff's FEHB Plan (DX 71) and (b) OPM Systems Users Manuals, Volume 33, Part 2, Master Record Printout (MRPO) User Manual dated November 20, 1989 (Bates Nos. KPMG03247-KPMG03386) (DX 72), including foundation for admission of DX 71 and DX 72 into evidence. It is estimated that Ms. Mims's direct testimony will take one hour. 5. MR. WILLIAM MEYLER Supervisory IT Specialist Annuity Systems Branch Benefits Systems Group Center for Information Services and Chief Information Officer Division for Management and Chief Financial Officer Office of Personnel Management 1900 E Street, N.W. Washington, D.C. 20415 Tele: (202) 606-2055

Topic(s) of testimony: OPM annuitant print screen data for members of plaintiff's FEHB Plan with respect to whom defendant's trial expert's March 28, 2003 supplemental report identifies errors in the enrollment data for plaintiff's FEHB Plan (DX 71), including foundation for

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admission of DX 71 into evidence. It is estimated that Mr. Meyler's direct testimony will take one hour. 6. MS. LINDA G. CRAWFORD Accounting Team Leader Trust Funds Branch Business Units and Financial Services Group Division for Management and Chief Financial Officer Office of Personnel Management 1900 E Street, N.W. Washington, D.C. 20415 Tele: (202) 606-4151

Topic(s) of testimony: 1997 OPM annual recap report for plaintiff's FEHB Plan (DX 102), a copy of which is appended to defendant's trial expert's March 28, 2003 report, including foundation for admission of DX 102 into evidence. It is estimated that Ms. Crawford's direct testimony will take one hour. 7. MS. JANET PINTO Managing Director of Enrollment Health Insurance Plan of Greater New York, Inc. 7 West 34th Street New York, NY 10001 Tele: (212) 630-8337

Topic(s) of testimony: The enrollment data bases for plaintiff's FEHB Plan, including the change from the IPMF and Q/Care systems and the transition from the IPMF system to the Q/Care system; the procedure(s) and method(s) by which plaintiff processed SF 2809s, SF 2810s, and SF 2811s received from Federal agencies; the procedure(s) and method(s) by which plaintiff entered enrollment information for members of its FEHB Plan into the enrollment data base for the Plan; the quality control or quality assurance practices and procedures used by plaintiff to test the accuracy of enrollment data contained in the enrollment data base for plaintiff's FEHB Plan;

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the records retention and storage practice(s) and procedure(s) of plaintiff with respect to its copies of SF 2809s, SF 2810s, and SF 2811s; and DX 22 through DX 33, including foundation for admission of DX 22 through DX 33 into evidence. It is estimated that Ms. Pinto's direct testimony will take 1-1/2 hours. 8. MS. SHIRLEY R. PATTERSON Chief, Health Insurance Group I Insurance Services Programs Division for Human Resources Products and Services Office of Personnel Management 1900 E Street, N.W., Room 3435 Washington, D.C. 20415 Tele: (202) 606-0727

Topic(s) of testimony: Foundation for admission into evidence of letter dated August 6, 1991, from Shirley R. Harris, OPM Contracting Officer, to Anthony L. Watson, President, HIP, and related OPM Inspector General Audit Report No. 51-00-89-19 dated July 25, 1991 (DX 109). It is estimated that Ms. Patterson's direct testimony will take one hour. 9. MR. DENNIS K. BLACK Deputy Assistant Inspector General for Audits Office of the Inspector General Office of Personnel Management 1900 E Street, N.W., Room 2H31 Washington, D.C. 20415 Tele: (202) 606-4711

Topic(s) of testimony: OPM Inspector General Audit Report No. 51-00-89-19 dated July 25, 1991 (DX 109), including foundation for admission of audit report into evidence. It is estimated that Mr. Black's direct testimony will take 1-1/2 hours.

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10.

THOMAS F. GROGAN, C.F.E. Forensic and Litigation Services KPMG LLP 1601 Market Street Philadelphia, PA 19103-7212 Tele: (267) 256-1790

Topic(s) of testimony: Findings, conclusions, and opinions contained in Mr. Grogan's reports of May 28, 2002, as amended, and his March 28, 2003 supplemental report and related work papers and in the transcripts of depositions of Mr. Grogan taken by plaintiff on October 28, 2002, and April 15, 2003; the findings, conclusions, and opinions contained in the January 2002 and February 2003 reports of plaintiff's designated trial expert, John W. Wills, and related work papers and in the transcript of the deposition of Mr. Wills taken by defendant on April 15, 2003; and DX 34 through DX 102, including foundation for their admission into evidence. It is estimated that Mr. Grogan's direct testimony will take eight hours. 11. MS. NANCY H. KICHAK Deputy Associate Director Center for Workforce Planning and Policy Analysis Division for Strategic Human Resources Policy Office of Personnel Management, Room 4307 1900 E Street, N.W. Washington, D.C. 20415 Tele: (202) 606-0722 Topic(s) of testimony: Rate reconciliation for community-rated FEHB Program Plans and OPM reconciliation instructions for 1988 and 1989 rates. It is estimated that Ms. Kichak's direct testimony will take 1-1/2 hours. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

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DAVID M. COHEN Director

OF COUNSEL: SUSAN WHITMAN, ESQ. Office of General Counsel Office of Personnel Management 1900 E Street, N.W., Room 7353 Washington, D.C. 20410

s/John E. Kosloske JOHN E. KOSLOSKE Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., Room 8012 Washington, D.C. 20530 Tele: (202) 307-0282 (FAX)(202) 514-8624 Attorneys for Defendant

SEPTEMBER 12, 2003

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 12th day of SEPTEMBER, 2003, I caused to be sent by facsimile transmission a copy of "DEFENDANT'S AMENDED WITNESS LIST" addressed as follows:

JEFFREY W. KING, ESQ. King, Pagano & Harrison 1730 Pennsylvania Avenue, N.W. Suite 900 Washington, D.C. 20006

s/John E. Kosloske