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

Case 1:01-cv-00201-VJW

Document 218-2

Filed 10/04/2006

Page 1 of 2
10/03/06

PLAINTIFFS' COMMENTS REGARDING DEFENDANT'S 09.27.06 AND 10.02.06 "NOT PROVIDED" OBJECTIONS TO JOINT EXHIBITS

Joint Exhibit No.
1 JX065

DF Trial Exh No.

DF PL Trial 08.16.06 Exhibit No Objection
PT557 None

DF 09.27.06 and 10.02.06 Objection
We have not been provided documents with these Bates No. and must object until we review them. We have not been provided documents with these Bates No. and must object until we review them. We have not been provided documents with these Bates No. and must object until we review them. We have not been provided documents with these Bates No. and must object until we review them.

PL Trial Objection

Comments re Objections
09.28.06 - PL - This is Deposition Ex. PX009 which DF was advised of on PLs 08.09.06 Exhibit List 09.28.06 - PL - This is Deposition Ex. PX016 which DF was advised of on PLs 08.09.06 Exhibit List 09.28.06 - PL - This is Deposition Ex. PX035 which DF was advised of on PLs 08.09.06 Exhibit List 09.28.06 - PL - This was provided to DF on 08.11.06 by letter from J. Ferrebee 09.28.06 - PL - This was produced to PL by DF informally pre-2004 09.28.06 - PL - This is a document produced by DF to PLs on 07.16.04 and re-produced by DF with a new bates no. in 2005, which new number PLs advised DF they could not use 09.28.06 - PL - This is Deposition Exhibit PX069 which DF was advised of on PLs 08.09.06 Exhibit List 09/28/06 - PL - This is Deposition Exhibit PX070 which DF was advised of on PLs 08.09.06 Exhibit List 09/28/06 - DF Withdrew 09/28/06 - PL - This is Deposition Exhibit PX072 which DF was advised of on PLS 08.09.16 Exhibit List. It is a DF exhibit. DF withdrew it on 9.28.06 09/28/06 - DF Withdrew 09/28/06 - PL - This is Deposition Exhibit PX073 which DF was advised of on 08.09.06. It is a DF exhibit. DF withdrew it on 9.28.06 09.28.06 - PL - This was a PL Exhibit to their Opposition to Motion for Summary Judgment, which DF was advised of on 08.09.06 09.28.06 - PL - This was provided to DF on 08.11.06 by letter from J. Ferrebee

2

JX067

PT560 PT574 Withdrawn

None

3

JX068

None

4

JX072

PT584

None

5

JX074

PT587

None

We have not been provided documents with these Bates No. and must object until we review them. None

6

JX096

PT670

None

Bates No. We have a 5/28/96 ATAC study (DX192) but we don't have this in our database Bates No. - (don't have a presentation with these bates nos); Relevance Bates No. (don't have a document with these bates nos); Hearsay; Relevance

7

JX128

PT824

None

8

JX130

PT826

None

9

JX131

PX072 Withdrawn

PT827

None

Bates No. (don't have a document with these bates nos); Hearsay; Relevance

None

10 JX132

PX073 Withdrawn

PT828

None

Bates No. (don't have a document with these bates nos); Hearsay; Relevance Bates No. (don't have a document with these bates nos); Hearsay; Relevance Bates No. (don't have a document with these bates nos); Hearsay; Relevance

None

11 JX133 12 JX134

PT830 PT831

None None

Page 1 of 2 Testwuide v. United States

EXHIBIT A

Case 1:01-cv-00201-VJW

Document 218-2

Filed 10/04/2006

Page 2 of 2
10/03/06

PLAINTIFFS' COMMENTS REGARDING DEFENDANT'S 09.27.06 AND 10.02.06 "NOT PROVIDED" OBJECTIONS TO JOINT EXHIBITS

Joint Exhibit No.
13 JX135

DF Trial Exh No.

DF PL Trial 08.16.06 Exhibit No Objection
PT832 None

DF 09.27.06 and 10.02.06 Objection
Appears to be same as JX050. Same objection, plus Bates No.; Hearsay; 10.02.06 Lack of Foundation

PL Trial Objection

Comments re Objections
09.28.06 - PL - This is included in the AR documents which DF has

Page 2 of 2 Testwuide v. United States

EXHIBIT A