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

Case 1:01-cv-00201-VJW

Document 215

Filed 10/02/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CAROL AND ROBERT TESTWUIDE, et. al., ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) _________________________________________ )

No. 01-201L

Judge Victor J. Wolski

DEFENDANT UNITED STATES' MOTION TO STRIKE PLAINTIFFS' PROPOSED JOINT EXHIBIT LIST Defendant United States of America, hereby moves to strike plaintiffs' Proposed Joint Exhibit List ("Proposed JX List") filed on October 2, 2006 and adopt the Joint Exhibit List defendant is filing contemporaneously with this motion, and attached as Exhibit A. Plaintiffs' Proposed JX List contains a number of documents that defendant has objected to. A list of the disputed joint exhibits, including defendant's objections, is attached as Exhibit B to this motion. By definition, these disputed exhibits are not joint exhibits, and therefore, plaintiffs' Proposed JX List should be rejected. The Joint Exhibit List defendant is filing with the Court contains the documents that both parties agree are joint. Exhibit A. Accompanying their Proposed JX List, plaintiffs engage in an inflammatory and misleading version of events between the parties concerning the exhibit lists. Plaintiffs ignore defendant's unsuccessful efforts to work with plaintiffs to minimize evidentiary objections to exhibits so as to improve the efficiency of trial and assist the Court in evaluating the evidence, efforts we continue to be willing to make.

Case 1:01-cv-00201-VJW

Document 215

Filed 10/02/2006

Page 2 of 3

Plaintiffs also erroneously claim that defendant's objections to plaintiffs' proposed Joint Exhibit List are untimely. Defendant disagrees that its objections to plaintiffs' Proposed JX List were untimely. Any delay was caused by plaintiffs, not defendant. Preliminarily, the Proposed Joint Exhibit List plaintiffs sent on September 12, 2006 contained numerous documents that were not on both parties' exhibit lists. In many instances, it was exceedingly difficult, if not impossible, for defendant to locate and review these documents to see if they were appropriately designated as joint exhibits. Additionally, it was not until the telephonic status conference on September 21, 2006, that plaintiffs' proposed that joint exhibits be admitted into evidence at trial without a testifying witness. The parties never discussed treating joint exhibits in this manner until plaintiffs raised the issue at the conference. Defendant agreed to this arrangement, but expressly qualified its concurrence on a review of the proposed joint exhibits given the new conditions. Defendant carefully conducted its review, and objected accordingly on September 27, 2006. Many of the objections concerned completeness and fairness. For example, many of defendant's objections were qualified simply on plaintiffs agreeing that an entire document be designated a joint exhibit, rather than the limited portion of the document plaintiffs selected. Defendant also indicated that it would not object to certain of plaintiffs proposed exhibits being joint if other similar documents were also designated as joint exhibits. For example, defendant was willing to designate certain historical noise studies of Naval Air Station Oceana from the 1970s and 1980s as joint exhibits, provided that plaintiffs would agree that the remaining historical noise studies be designated as

2

Case 1:01-cv-00201-VJW

Document 215

Filed 10/02/2006

Page 3 of 3

well. Unfortunately, plaintiffs are unwilling to agree to a joint exhibit list that is equitable to both sides. Most noteworthy, plaintiffs completely fail to address the fact that joint exhibits, by their nature, must be documents the parties agree upon. Plaintiffs were aware that defendant explicitly opposed certain of the documents listed on plaintiffs' Proposed JX List, but unilaterally, and over defendant's objections, submitted the list anyway. CONCLUSION For the foregoing reasons, defendant respectfully requests this Court Strike plaintiffs' Proposed JX List and adopt the Joint Exhibit List (attached as Exhibit A to this motion) and filed contemporaneously with this motion.

Dated: October 2, 2006

Respectfully submitted, /s/ Steven D. Bryant Steven D. Bryant Kelle S. Acock Environmental & Natural Resources Division United States Department of Justice 601 D Street, NW, Rm. 3205 Washington, D.C. 20004 Counsel for Defendants 202-305-0424

Of Counsel: Robert J. Smith Mary Raivel Navy Litigation Office 720 Kennon Street Washington Navy Yard, D.C. 20374 CDR Dominick Yacono JAGC, USN Commander Navy region Mid-Atlantic, Code (00LE) 1510 Gilbert Street Norfolk, VA 23511-2737

3

Case 1:01-cv-00201-VJW

Document 215-2

Filed 10/02/2006

Page 1 of 4
10/2/2006

JOINT TRIAL EXHIBIT LIST
A B Joint Trial Exh 1 No. Docdate 2 JX001 3 JX002 4 JX003 5 JX004 6 JX005 7/21/2003 00/00/1999 6/6/1995 11/3/1992 8/7/1986 C D E DF Trial Exh No. DX004 DX010 DX012 DX019 DX036 F G H

7 JX006

5/24/1993

PL Trial Description Exh No. Appraisal for 1856 Pathfinder dated 7/21/03 1999 AICUZ noise contour map with markings by plaintiffs Deed between T. & J. Moody & M & D Leary Deed between Donald Carlstrom and William and Betty Capps Deed for 2004 Brickell Ct., purchased by Harold & Elaine Levenson Standard Purchase Agreement between Eddie & Elizabeth Waterman and Lewis & Cynthia Klein

DF Bates No. Range Begdoc# OCE223275 288 PL100221 OCE233755 OCE226381 382 OCE226392 393 OCE223163 164 DX010 DX012 DX019 PL100108

Enddoc# PL100233 DX010 DX012 DX019 PL100109

DX051

OCE223057 059 PL100002 OCE223125 127 PL100070 OCE223088 090 PL100033 OCE223364 OCE223365 PL100310 PL100311

PL100004

8 JX007 9 JX008 10 JX010 11 JX011 12 JX012 13 JX013

Deed of Bargain & Sale for 2709 East 6/24/1994 Kings Rd., purchased by Carroll Lindsay 5/1/1992 Riddick Sales Contract Proposal for cost of windows & doors for 9/16/2002 Hoag, prepared by Boby Wills 11/30/2000 Stop-At-Home-Carpet, Inc. Invoice - Hoag 12/14/2002 Stop-At-Home-Carpet, Inc. Invoice - Hoag 9/17/1990 Hoag Deed ATAC - Airfield and Airspace Operational Study (BRAC 95) Report for BRAC '95 5/28/1996 Final Report Response letter to Mr. Levenson from Capt Benson regarding NAS Oceana 11/12/1997 Operations

DX062 DX070 DX081 DX082 DX083 DX092

PL100072 PL100035 PL100310 PL100311 PL100312 DX092

OCE223366 PL100312 OCE228640 642 DX092

14 JX019

15 JX020

OCE012147 DX192 272 OCE012147 DX195.O CE01237 6-378 OCE12376 only 378 OCE012376

OCE012272

OCE012384

TESTWUIDE V. U.S.

Page 1 of 4

Case 1:01-cv-00201-VJW

Document 215-2

Filed 10/02/2006

Page 2 of 4
10/2/2006

JOINT TRIAL EXHIBIT LIST
A B Joint Trial Exh 1 No. Docdate C D E DF Trial Exh No. F G H

16 JX021 17 JX022 18 JX023 19 JX024 20 JX029 21 JX030

2/1/1998 06/00/2005 06/00/2005 06/00/2005

PL Trial Description Exh No. Wyle 97-10 (Feb 1998) Noise Study 1995 BRAC REALIGNMENT OF NAVY F/A-18 AIRCRAFT Stewart Field Measurements - 925 Lamplight Lane Stewart Field Measurements -1301 Brant Road Decibel readings June 22, 2005 at 2004 Brickell Ct.

DF Bates No. Range Begdoc# OCE012766 013297 OCE261742 748 OCE261749 753 OCE261754 760 OCE223106 108 OCE223295

Enddoc#

DX196 DX278 DX279 DX280 DX374 DX416

OCE012766 PLEXPT000291 PLEXPT000298 PLEXPT000303 PL100051 PL100240

OCE013297 PLEXPT000297 PLEXPT000302 PLEXPT000309 PL100053 PL100240

22 JX031 23 JX048

24 JX052

6/15/1967 Deed Van Nostrand 00/00/0000 Leary house photo Re: Purchase From: Ronald E. Rauhauge; Address: 925 Lamplight Lane, Virginia 8/6/1992 Beach, VA 23452 Memo from Czech to Zusman re flight 12/12/1997 tracks ATAC Corp document entitled, "Operational Assumptions and Scenario Descriptions for the Airfield and Airspace Operational Study of the BRAC 95 Navy PT511 9/3/1996 F/A-18 Relocation" Letter from Joseph Czech to Alan Zusman 12/30/1996 enclosing Wyle Research Report WR 96-3 PT514 Letter from Czech to Zusman regarding PT515 1/21/1997 contours, with enclosures listed 09/00/1997 WYLE RESEARCH REPORT WR 97-10 Map of Test Plaintiff Properties, Virginia 4/28/2006 Beach, Virginia 10/1/1997 CV NATOPS Manual PT529 PT549 PT578

DX417 PX127

OCE223307 309 PL100252 OCE230956- AR-041593041595 958

PL100254

PX101

OCE230891 904 AR-025223 AR-028651028651 AR-030033030033 AR-038257038631 DSJXF HEBERT031

14 pages

25 JX054 26 JX055 27 JX059 28 JX063 29 JX069

PX156; 003 PX001 DX449

OCE231416 OCE231417791 OCE269150

DSJXF

TESTWUIDE V. U.S.

Page 2 of 4

Case 1:01-cv-00201-VJW

Document 215-2

Filed 10/02/2006

Page 3 of 4
10/2/2006

JOINT TRIAL EXHIBIT LIST
A B Joint Trial Exh 1 No. Docdate 30 JX073 31 JX075 C D PL Trial Exh No. PT586 PT589 E DF Trial Exh No. PX007 PX118 F DF Bates No. Range OCE231396415 OCE230906951 G H

Description

2/15/1998 Wyle Research Technical Note TN 97-3 5/25/1979 OPNAV INST 11010.36 ATAC Airfield and Airspace Operational Study for the 1995 BRAC Realignment of 2/18/1998 Navy F-18 Aircraft. 02/00/1996 Wyle Research Report WR 96-3 Memo from Captain S.E. "Sodbuster" Benson to all Commanding Officers regarding NAS Oceana FCLP Course 9/29/1997 Rules ATAC report "Airfield and Airspace Operational Study for the 1995 BRAC 8/22/1997 Realignment of Navy F/A-18 Aircraft" Official Map for AICUZ for NAS Oceana, 1/1/1999 NALF Fentress and NAS Chambers Field 11/1/1997 Wyle Research Technical Note TN 97-3 ATAC report "Airfield and Airspace Operational Study for the 1995 BRAC 11/19/1996 Realignment of Navy F/A-18 Aircraft" Handwritten note forwarding attached response from Joe Czech to Alan Zusman regarding NAS Oceana letter regarding 12/12/1997 changes to flight tracks Memo regarding FCLP pattern at NAS 4/24/1989 Oceana Emails between Dan Cecchini, Capt Shawn Smith, et al. regarding Oceana 11/27/2000 operations count

Begdoc# OCE-INF000688 OCE-INF001395

Enddoc# OCE-INF000707 OCE-INF001440

32 JX081 33 JX084

PT612 PT617

PX092 DX198

OCE230962231179 OCE009718 OCE015520 604 OCE015520

OCE009935 OCE015604

34 JX085

PT618

OCE015708

OCE015710

35 JX086

PT638

OCE023280

OCE023497

36 JX087 37 JX088

PT640 PT649

OCE036578 OCE059936

OCE036579 OCE059956

38 JX089

PT650

OCE063104

OCE063186

39 JX090 40 JX091

PT651 PT652

PX004

OCE063214 235 OCE063214 OCE064614 OCE085279 281 OCE085279

OCE063235 OCE064615

41 JX093

PT656

PX034

OCE085281

TESTWUIDE V. U.S.

Page 3 of 4

Case 1:01-cv-00201-VJW

Document 215-2

Filed 10/02/2006

Page 4 of 4
10/2/2006

JOINT TRIAL EXHIBIT LIST
A B Joint Trial Exh 1 No. Docdate C D PL Trial Exh No. E DF Trial Exh No. F G H

42 JX094 43 JX095 44 JX097 45 JX098 46 JX099

Description Spreadsheet showing operations and complaints at Oceana and Fentress from 4/7/1999 1973 to 1998

DF Bates No. Range Begdoc#

Enddoc#

PT662 PT669 PT683 PT690 PT691 PX068 PX012 DX215

04/00/1995 Wyle Research Report WR 94-18 Noise Map Noise Curves regarding F11/1/1995 18A/C 12/19/2002 OPNAV Instruction 11010.36B 4/11/1988 OPNAV INSTRUCTION 11010.36A Letter from Mike Abkin at ATAC Corporation to Alan Zusman regarding the Scenario Results Working Paper 5/13/1997 submitted. Report by the ATAC, "NASMOD: Airfield and Airspace Operational Study for the 1995 BRAC Realignment of Navy F/A-18 Aircraft - Scenario Results Working 5/13/1997 Paper." Emails between Micah Downing and Robert Smith et al with attached DNL 2/2/2006 values for May property Email from Micah Downing attached Test Plaintiffs' Geographical and Noise Level 9/22/2005 Information Email from Steve Bryant to Kieron Quinn regarding number of FCLP and Touch and 5/22/2006 Go Operations in 1999 Map of Virginia Beach with Test Plaintiff and Non-Test Plaintiff Witness 00/00/0000 Designations.

OCE087915 OCE032744873 OCE090440 OCE208345 OCE212842 886 OCE212842 OCE212887 925 OCE212887

OCE087915 OCE090567 OCE208354 OCE212886 OCE212925

47 JX107

PT742

OCE225032

OCE225032

48 JX108

PT743

OCE225033

OCE225184

49 JX111

PT790

OCE239094

OCE239095

50 JX112

PT791

OCE239096

OCE239098

51 JX141

PT861

PSJX031

PSJX031

52 JX142

PT864

PSJX052

PSJX052

TESTWUIDE V. U.S.

Page 4 of 4

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 1 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate JX009 JX014

Description Plaintiffs' Answers to Interrogatories - Sara 3/22/2005 Lynch 00/00/2005 (JLUS)(AICUZ) Planning Map (2005) 1999 AICUZ noise contour map with markings by Janet Holloway, Randy Keel, Karen Green, William Gilbert, Charles 00/00/1999 Nash, Marie Larson and Ronald Green AICUZ map (from Robert Goodwin 00/00/1999 deposition) 2005 JLUS AICUZ Planning Map with 00/00/2005 markings by Eileen May and Louis Figari. Letter to Mayor Oberndorf - Noise Contour Map and APZs Map for NAS Oceana/NALF Fentress provided for land use planning and fair disclosure. CO, NAS Oceana ltr 5726 Ser 00G/1012 of 16 6/16/1998 Jun 98.

PL Trial Exh No.

PL Begdoc# Enddoc# Defendant's Objection PL-DISC000007 Hearsay DX111 OCE239806 DX111 DX111 Hearsay, relevance

DF Trial Exh No.

DF Bates No. Range

JX015 JX016

DX122 OCE269158 DX122 DX128 OCE269159 DX128

DX122 DX128

Relevance and hearsay Relevance and hearsay

JX017

DX145 OCE269160 DX145

JX018

Relevance and hearsay Hearsay. Rule of Completeness. Defendant will not object to this being a JX if plaintiffs will agree to OCE00027 OCE0002 make DX 233-236 as JXs DX185 OCE000271 1 71 as well

DX145

JX025

11/28/2001 Email re: Early copy of data

Hearsay. Rule of Completeness Defendant will not object to this being a JX if plaintiffs will agree that the e-mails concerning the profile OCE208357 - OCE20835 OCE2083 revisions on defendant's DX288 360 7 60 exhibit list are JXs

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 2 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection

JX026

11/29/2001 Email re: Early copy of data

Hearsay. Rule of Completeness Defendant will not object to this being a JX if plaintiffs will agree that the e-mails concerning the profile OCE208361 - OCE20836 OCE2083 revisions on defendant's DX289 362 1 62 exhibit list are JXs Hearsay. Rule of Completeness Defendant will not object to this being a JX if plaintiffs will agree that the e-mails concerning the profile OCE213326 - OCE21332 OCE2133 revisions on defendant's DX312 OCE213327 6 27 exhibit list are JXs Hearsay. Rule of Completeness Defendant will not object to this being a JX if plaintiffs will agree that the e-mails concerning the profile OCE21568 OCE2156 revisions on defendant's 2 82 exhibit list are JXs PL10037 PL100376 8 Hearsay, authenticity PL10038 PL100379 1 Hearsay, authenticity PL10038 PL100382 4 Hearsay, authenticity PL10038 PL100385 7 Hearsay, authenticity

JX027

Email Downing to Zusman with 11/21/2001 comparison SELs

JX028 JX032 JX033 JX034 JX035

Email re: New F-14B Profiles -- and Costs 11/20/2001 w/ email history Nelson payment re: Naval Air Station 2/9/2001 Oceana Nelson payment re: Naval Air Station 3/22/2001 Oceana Nelson payment re: Naval Air Station 1/16/2002 Oceana 4/11/2002 Nelson payment

DX356 OCE215682 OCE223430 DX420 OCE223432 OCE223433 DX421 435 OCE223436 DX422 438 OCE223439 DX423 441

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 3 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate JX036

JX037 JX038 JX039 JX040 JX041 JX042 JX043 JX044

Description Nelson Invoice RE: NAS Oceana class 4/4/2002 action Nelson to Kieron re: Meta-Analysis Results em w/ attached tables and 00/00/0000 reference list 00/00/0000 Nelson Profile 9/26/2000 Nelson Requested Studies Towson University Center of Geographic 00/00/0000 Information Sciences 00/00/0000 Biography of Dr. John M. Morgan, III 00/00/0000 Resume of John M. Morgan, III, Ph.D. Dennis Gruelle's data (spreadsheets) relied on for his report 06/00/2005 Dingle signed Answers to Int/RFPs

PL Trial Exh No.

DF Bates PL No. Range Begdoc# Enddoc# Defendant's Objection OCE223442 PL10039 DX424 447 PL100388 3 Hearsay, authenticity OCE223619 DX436 624 OCE223649 DX439 699 OCE223700 DX440 704 OCE224048 DX454 061 PL10057 PL100565 0 PL10064 PL100595 5 PL10065 PL100646 0 PL10100 PL100994 7 PL101008 PL10100 PL101009 PL10101 DX471 DX515 DX471 DX515

DF Trial Exh No.

Hearsay, authenticity Hearsay, authenticity Hearsay, authenticity Hearsay, authenticity Hearsay, authenticity Hearsay, authenticity

JX045 JX046

Department of the Navy letter regarding APZ map for NAS Oceana and NALF 10/7/1998 Fentress 8/12/2005 Nelson's Draft Report

Hearsay Hearsay Hearsay. Defendant will not object to this being a JX if plaintiffs will agree to OCE230267 - OCE23026 OCE2302 make DX 233-236 as JXs DX561 275 7 75 as well OCE239021 - OCE23902 OCE2390 DX665 065 1 65 Hearsay, authenticity

JX047

Emails between Boyajian and Firenze 12/7/2000 regarding Op Count at NTU/NFE

OCE085288 - OCE08528 OCE0852 PX094 289 8 89 Relevance and hearsay

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 4 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

JX049

JX050

JX051

PL Begdoc# Enddoc# Defendant's Objection Hearsay. Defendant will not object to historical noise studies from the 1970s through the 1980s as JXs, as long as all of the NAS Oceana noise AESO Aircraft Noise Survey Oceana and OCE093711 - OCE03971 OCE0397 studies from this period PX175 770 2 70 are JXs. 10/00/1978 Fentress; Report No. AESO 312-78-01 ARCATALOG OF NOISE LEVELS FROM 001232Hearsay and Lack of NAVY AIRCRAFT - AESO Report No. 313PT501 001260 foundation 09/00/1984 01-84 Point paper by Daniel Cecchini regarding ARARNAS Oceana Operations data and Noise 022108022108PT506 022114 022120 Relevance and hearsay 4/18/1996 Issues Description AR028332028650 AR031726031726 Duplicate. This is the same document at JX084 so should be removed

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

JX053

JX056

12/00/1996 WYLE RESEARCH REPORT WR 96-3 Memo from Director, Facilities & Engineering Division to N4, VCNO and CNO regarding Assessment of NAS 3/28/2000 Oceana EIS with notes

PT513

PT520

Hearsay, lack of foundation Hearsay. Rule of completeness - defendant will agree that the entire ATAC study be a joint exhibit, but we will not agree to plaintiffs only selecting excerpts as joint exhibits

JX057

JX058

Graph prepared by ATAC Corporation entitled, "Percent Increase of Airfield Operations from Baseline," regarding projected operations increases for the various realignment and closure scenarios considered in the EIS for the Realignment PT521 00/00/2000 of the F/A-18 C/D Email exchange between Alan Zusman, Jeffrey Borowy, and Tom Peeling, et al. re F-18 E/F and F-18 C/D versus F-14 noise PT528 8/13/1997 levels

AR031986 AR036752036752

AR031986

Hearsay

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 5 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

JX060

Description Memo from Duncan Holaday to Deputy Chief of Naval Operations regarding flight PT531 12/3/1997 tracks stated in the Draft EIS

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection AR041360041360 Relevance, hearsay Hearsay. Rule of completeness - defendant will agree that the entire WR 97-10 as a joint exhibit; we will object to plaintiffs only selecting excerpts as joint exhibits

JX061

Excerpts from WYLE RESEARCH REPORT WR 97-10 AIRCRAFT NOISE STUDY FOR THE BRAC REALIGNMENT PT539 02/00/1998 OF NAVY F/A-18 AIRCRAFT

AR042547043073

AR042547043599

JX062

Excerpts from the FEIS for the 3/4/1998 Realignment of F-18 C/D Aircraft

PT548

Hearsay. No objection if plaintiffs agree that the F/A-18 C/D EIS (including appendices, noise study and ATAC study), F/A-18 E/F EIS (including appendices, noise study and ATAC study), and the Draft F/A-18 E/F EIS (including appendices) are joint exhibits. We cannot agree to plaintiffs only selecting excerpts of one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the DClassX same way in terms of DClassXA A evidentiary objections.

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 6 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection

JX064

Appraisal Report of Test Case Plaintiffs 9/29/2005 by Alexander Salzberg and Dennis Gruelle PT550

DX110

DX110

JX065

Official Map of AICUZ for NAS Oceana, 00/00/1999 NALF Fentress and NAS Chambers Field PT557

FIRENZE0 01

JX066

Excerpts from Wyle Report WR 97-10 regarding impact of F/A-18 C/D aircraft 2/1/1998 realignment

PT558

FIRENZE0 03

JX067

Graph of air operations at NAS Oceana and NALF Fentress for years 1998 00/00/0000 through 2000

PT560

HEBERT0 03

JX068

Official Map of AICUZ for NAS Oceana, 00/00/1999 NALF Fentress and NAS Chambers Field PT574 Volume II of Final EIS (FEIS) of West 5/15/1998 Coast siting of F/A-18 E/F NAS Lemoore (Draft) 1999 AICUZ Report for Hampton 2/21/2000 Roads Naval Ait Installations

HEBERT0 22

Hearsay We have not been provided documents with these Bates No, and must object until we review them. Hearsay. Rule of completeness - defendant will not object to the entire WR 97-10 as a joint exhibit, but will object to plaintiffs only selecting excerpts as joint exhibits 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.

JX070 JX071

NEP00120 8 OCE052981 - NEP00267 PT582 DX219 053122.001 5 PT581

NEP0017 53 Relevance and hearsay NEP0028 15 Relevance and hearsay

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 7 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

JX072

Letter from Captain S. E. Benson to The Honorable Charles S. Robb, US Senate 10/23/1997 regarding affect of aircraft operations

PT584

JX074 JX076

JX077

Graph Containing Air Traffic Activity Totals PT587 00/00/0000 1999-2000 Memo from NAS Oceana Commanding PT606 00/00/0000 Officer regarding FCLP Note regarding operations at NAS Oceana and NALF Fentress from April 17, 2000 PT607 5/26/2000 through May 10, 2000

PL Begdoc# Enddoc# Defendant's Objection We have not been provided documents with these Bates No, and NEP00328 NEP0032 must object until we 8 89 review them. We have not been provided documents with these Bates No, and OCE-INF- OCE-INF- must object until we 000851 000851 review them. OCE00111 OCE0011 8 18 Relevance OCE00113 OCE0011 5 35 Authenticity and hearsay

JX078

JX079 JX080

Hearsay. This is a conglomerate of separate documents. We will agree that the portions concerning FCLP counts in 2000 are a JX. The ANNUAL FLIGHT OPERATIONS AT NAS OCE005634 - OCE00563 OCE0056 remaining documents we 4 46 object as hearsay. 2/1/1998 OCEANA FOR UPDATED SCENARIO 2 PT608 PX013 646 Hearsay. Defendant will not object to historical noise studies (or drafts) from the 1970s through the 1980s as JXs, as long Draft Aircraft Noise Survey Update as all of the NAS Oceana (HMMH Report No. 280400.11) for NAS OCE00930 OCE0093 noise studies from this PT609 5 82 period are JXs. 11/00/1989 Oceana OCE00961 OCE0096 Duplicate - Same as PT611 4 32 JX073 2/1/1998 Wyle Research Technical Note TN 97-3

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 8 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection Hearsay. Defendant will not object to this document being part of a larger JX. Specifically, we propose using DX193 as JX082 because it has all the fact sheets from OCE01228 OCE0122 1975-2000 (OCE0188137 88 816), not just 1985-1996. OCE01551 OCE0155 8 18 Authenticity and hearsay OCE08358 OCE0835 7 88 Hearsay, relevance Bates No. We have a 5/28/96 ATAC study (DX192), but we do not OCE09141 OCE0914 have this study with these 5 65 Bates No.

JX082 JX083

Fact Sheet from Air Operations Dept at NAS Oceana re operational numbers from PT614 3/31/1997 1985 to 1996 Graph of Air Operations Counts at NAS PT616 10/30/1998 Oceana from 1997 to 1998 Email from Lisa Padgett to Patty Hankins 7/6/1999 regarding the Steinberg Dog Kennel

JX092

PT655

JX096

JX100

JX104

ATAC Corp Report entitled, "Naval Air Station Oceana Airfield and Airspace 2/15/1996 Operational Study for BRAC 95." Letter from Captain Thomas Keeley to Virginia Beach Mayor Meyera Oberndorf regarding opposition to "by-right" 2/8/2005 development. Letter from Abkin to Zusman regarding Oceana/ Cherry Point Scenario Results 1/13/1997 Working Paper (Partial Draft)

PT670

PT731

OCE21595 OCE2159 0 52 Hearsay, relevance OCE22501 OCE2250 7 18 Relevance and hearsay Hearsay. Rule of Completeness. We will not object to the entire OCE22502 OCE2250 study, but will object to 4 24 excerpts

PT739

JX105

Graph entitled, "Percent Increase of Airfield Operations from Baseline," 00/00/2000 prepared by ATAC Corporation

PT740

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 9 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

JX101 JX102

2/16/2005 2/16/2005

JX103 JX106

12/9/1996 4/24/1997

Description Email (redacted) exchange involving Thomas Keeley, Alan Zusman and Raymond Firenze, et al. AICUZ and density Email from Thomas Keeley to Raymond Firenze regarding the JLUS Email exchange between Michael Abkin and Alan Zusman, et al. re NAS Oceana and NAS Beaufort operations Email from Derek Huber to Alan Zusman re night FCLP

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection

PT732 PT733

OCE22458 OCE2245 6 87 Relevance OCE22459 OCE2245 7 98 Relevance OCE22501 OCE2250 4 15 Relevance OCE22502 OCE2250 6 26 Relevance and hearsay OCE22521 OCE2252 0 10 Relevance and hearsay OCE23839 OCE2384 7 00 Relevance and hearsay

PT738 PT741

JX109

JX110

Email from Derek Huber to Alan Zusman PT746 1/15/1998 re NAS Oceana aircraft operations. Redacted emails between Cecchini, Logan et al regarding E/F EIS progress / Wyle PT785 11/00/2001 contract

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 10 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection

JX113

Excerpts from the FEIS for the Realignment of F-18 C/D Aircraft from Cecil Field to other East Coast 2/28/1998 Installations

PT802

Hearsay. No objection if plaintiffs agree that the F/A-18 C/D EIS (including appendices, noise study and ATAC study), F/A-18 E/F EIS (including appendices, noise study and ATAC study), and the Draft F/A-18 E/F EIS (including appendices) are joint exhibits. We cannot agree to plaintiffs only selecting excerpts of one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the PClassX0 PClassX0 same way in terms of 01 01 evidentiary objections. PLPLEXPT0000 EXPT000 73 089 Hearsay, authenticity PLPLEXPT0000 EXPT000 90 104 Hearsay, authenticity PLPLEXPT0001 EXPT000 05 124 Hearsay, authenticity

JX114

Final Appraisal of 1805 Loganberry Court (James and Virgie Riddick) as of 1999 by PT807 8/26/2005 Alexander Salzberg and Dennis Gruelle Final Appraisal of 2004 Brickell Court (Harold and Elaine Levenson) as of 1999 8/26/2005 by Alexander Salzberg and Dennis Gruelle PT808 Final Appraisal of 925 Lamplight Lane (Kenneth and Tammy Hill) as of 1999 by 8/26/2005 Alexander Salzberg and Dennis Gruelle

JX115

JX116

PT809

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 11 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection PLPLEXPT0001 EXPT000 25 140 Hearsay, authenticity PLPLEXPT0001 EXPT000 41 155 Hearsay, authenticity PLPLEXPT0001 EXPT000 56 170 Hearsay, authenticity PLEXPT0001 71 PLEXPT0001 86 PLEXPT000 185 Hearsay, authenticity PLEXPT000 200 Hearsay, authenticity

JX117

Final Appraisal of 1856 Pathfinder Drive (Sean and Graciela Ryan) as of 1999 by 8/26/2005 Alexander Salzberg and Dennis Gruelle

PT810

JX118

JX119

Final Appraisal of 3209 Chicory Court (Michael and Diane Leary) as of 1999 by PT811 8/26/2005 Alexander Salzberg and Dennis Gruelle Final Appraisal of 305 Corvette Lane (Herbert and Betty Van Nostrand) as of 1999 by Alexander Salzberg and Dennis PT812 8/26/2005 Gruelle Final Appraisal of 409 Pallets Road (William and Betty Capps) as of 1999 by PT813 8/26/2005 Alexander Salzberg and Dennis Gruelle Final Appraisal of 1301 Brant Road (Sara Lynch Hoag) as of 1999 by Alexander PT814 8/26/2005 Salzberg and Dennis Gruelle Final Appraisal of 912 Carolina Avenue (Theodore and Sue Dingle) as of 1999 by Alexander Salzberg and Dennis Gruelle Final Appraisal of 2244 Windy Pines Bend (Eddie and Elizabeth Waterman) as of 1999 by Alexander Salzberg and Dennis Gruelle Final Appraisal of 2709 E Kings Road (Caroll Lindsay) as of 1999 by Alexander Salzberg and Dennis Gruelle Final Appraisal of 620 Little Neck Road (Eileen May) as of 1999 by Alexander Salzberg and Dennis Gruelle

JX120

JX121

JX122

8/26/2005

PT815

PLPLEXPT0002 EXPT000 01 216 Hearsay, authenticity PLEXPT0002 17 PLEXPT0002 34 PLEXPT0002 67 PLEXPT0003 PLEXPT000 233 PLEXPT000 248 PLEXPT000 283 PLEXPT000

JX123

8/26/2005

PT816

Hearsay, authenticity

JX124

8/26/2005

PT817

Hearsay, authenticity

JX125 JX126

2/1/2006

PT819 PT821

Hearsay, authenticity Hearsay, authenticity

9/29/2005 Resume of Alexander Salzberg

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 12 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate JX127

JX128

3/16/2004

JX129

11/5/2003

JX130

10/7/2003

JX131

8/4/2003

JX132

6/5/2003

JX133

10/8/2003

JX134

8/13/2003

PL Begdoc# Enddoc# Defendant's Objection PLPLGIS Maps PT823 INV01171 INV01171 Hearsay, authenticity Relevance and Bates No. Keeley Presentation to Virginia Beach PLPL(do not have a AICUZ Task Force regarding INV00006 INV00008 presentation with these encroachment. PT824 7 0 bates nos) Letter from T. Keeley to Ashby Moss, PLPLVirginia Beach Planning Department, INV00008 INV00008 regarding residential development PT825 PX071 OCE225834 5 5 Hearsay, relevance Hearsay, Relevance and Letter from T. Keeley to Virginia Beach PLPLBates No. (We do not planning commission regarding INV00008 INV00008 have a document with development in 70-75db noise zone PT826 6 7 these bates no) Hearsay, Relevance and Capt. Keeley letter to Barbara Duke, Dept PLPLBates No. (We do not of Planning for Virginia Beach opposing a INV00008 INV00008 have a document with residential development. PT827 8 8 these bates no) Hearsay, Relevance and Capt. Keeley letter to Barbara Duke, Dept PLPLBates No. (We do not of Planning for Virginia Beach opposing a INV00009 INV00009 have a document with residential development. PT828 0 0 these bates no) Raymond Firenze Comments to Virginia Hearsay, Relevance and Beach Planning Commission re opposition PLPLBates No. (We do not to proposed development by Near Post, INV00047 INV00047 have a document with L.L.C. PT830 5 6 these bates no) Hearsay, Relevance and Raymond Firenze Comments to Virginia PLPLBates No. (We do not Beach Planning Commission opposing a INV00047 INV00048 have a document with residential development. PT831 7 9 these bates no) Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 13 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection Hearsay, Lack of foundation, Bates No., and Duplicate document. PLPLAppears to be same as INV00138 INV00140 JX050. Same objection, 3 1 plus Bates No. PL10000 PL100000 0 PL103035 PL10304 PL10316 PL103162 2 PL103167 PL10318

JX135

09/00/1984

JX136 JX137 JX138 JX139

2/16/2005 00/00/0000 07/00/2004 00/00/0000

Excerpts from Report by the Aircraft Environmental Support Office at the Naval Aviation Depot entitled, "Catalog of Noise Levels from Navy Aircraft." Sound Recording by Eddie Waterman of Aircraft Noise inside home located at 2244 Windy Pines Bend. Photos of overflights by Plaintiff Capps. Overflight Video of 912 Carolina Avenue by Theodore Dingle. Photos of overflights by Plaintiff Capps.

PT832

PT852 PT857 PT858 PT859

Hearsay, authenticity Hearsay, authenticity Hearsay, authenticity Hearsay, authenticity

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 14 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection

JX140

JX143

Excerpts pertaining to NAS Oceana and NALF Fentress from the FEIS for Realignment of F/A-18 C/D Aircraft and Operational Functions from Naval Air Station Cecil Field, Florida to other East 2/28/1998 Coast Installations Excerpts from Captain Thomas Keeley Briefing to Virginia Beach City Council 11/18/2003 Members regarding AICUZ program.

PT860

PSJX024

Hearsay. No objection if plaintiffs agree that the F/A-18 C/D EIS (including appendices, noise study and ATAC study), F/A-18 E/F EIS (including appendices, noise study and ATAC study), and the Draft F/A-18 E/F EIS (including appendices) are joint exhibits. We cannot agree to plaintiffs only selecting excerpts of one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of PSJX024 evidentiary objections.

PT865

PSJX053

PSJX053 Relevance and hearsay

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 15 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection

JX144

Sections 5.2-1 through 5.2-3 from Final 03/00/1998 EIS

PT867

PX046

PX046

Hearsay. No objection if plaintiffs agree that the F/A-18 C/D EIS (including appendices, noise study and ATAC study), F/A-18 E/F EIS (including appendices, noise study and ATAC study), and the Draft F/A-18 E/F EIS (including appendices) are joint exhibits. We cannot agree to plaintiffs only selecting excerpts of one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of evidentiary objections.

Case 1:01-cv-00201-VJW

Document 215-3

Filed 10/02/2006

Page 16 of 16

Plaintiffs Proposed Joint Exhibit List No. Docdate

Description

PL Trial Exh No.

DF Trial Exh No.

DF Bates No. Range

PL Begdoc# Enddoc# Defendant's Objection

JX145

Table 5.2-16 from the Final EIS for the F/APT868 03/00/1998 18 C/D

PX048

PX048

Hearsay. No objection if plaintiffs agree that the F/A-18 C/D EIS (including appendices, noise study and ATAC study), F/A-18 E/F EIS (including appendices, noise study and ATAC study), and the Draft F/A-18 E/F EIS (including appendices) are joint exhibits. We cannot agree to plaintiffs only selecting excerpts of one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of evidentiary objections.