Free Witness List - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

(E-fied: September 28,2006)
CAROLE AN ROBERT TESTWUIDE,
et. al.

Plaintiffs,
v.

THE UNITED STATES,
Defendant.

) ) ) ) ) ) ) ) ) ) )

Civil No. 01-201 L Hon. Victor J. Wolski

DEFENDANT'S WITNESS LIST
Pursuant to Appendix A, ir 15(a) of the Rules of the United States Court of

Federal

Claims, Defendant United States hereby submits the following witness list:

1. CDR Dirk Hebert, USN Former NAS Oceana Operations Officer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CDR Hebert is a naval aviator who may testify about aircraft operations and course rules, flight
paths and altitudes at NAS Oceana, including but not limited to the relationship of

the flght

tracks to the test plaintiffs' homes. CDR Hebert may also testify about prior aircraft operations, including but not limited to, course rules, flght paths, and altitudes at NAS Oceana.

Expected to testify, estimated time for direct testimony: 1.5 hours.
2. CDR Richard Erie, USN

NAS Oceana Operations Offcer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

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CDR Erie is a naval aviator who may testify about aircraft operations and course rules, flight paths and altitudes at NAS Oceana, including but not limited to the relationship of the flight tracks to the test plaintiffs' homes, and including but not limited to prior aircraft operations, course rules, flight paths and altitudes at NAS Oceana.

Expected to testify, estimated time for direct testimony: 2.5 hours.
3. LCDR (Ret.) Michael Wulf Former NAS Oceana Air Traffic Control Facility Offcer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

LCDR (Ret.) Wulfmay testify about aircraft operations at NAS Oceana in the early 1990s. LCDR Wulf may also testify regarding the reporting and recording of aircraft operations numbers.
May call if

the need arses, estimated time for direct testimony: 20 minutes.

4. LCDR (Ret.) James Arghi
Former NAS Oceana Air Traffic Control Facility Officer
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

LCDR (Ret.) Arghi may testify about aircraft operations at NAS Oceana when he was the Air Traffc Control Facility Offcer there beginning in 1999. LCDR Arghi may also testify regarding the reporting and recording of aircraft operations numbers.
May call if

the need arises, estimated time for direct testimony: 30 minutes.

5. Lt. Barr Polk
NAS Oceana Air Traffc Control Facility Offcer
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

Lt. Polk may testify about aircraft operations at NAS Oceana. Lt. Polk may also testify regarding the reporting and recording of aircraft operations numbers.
May call if

the need arses, estimated time for direct testimony: 20 minutes.

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6. CWO (Ret.) Dany Jenkins
Former NAS Oceana Assistant Air Traffc Control Facility Officer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CWO (Ret.) Jenkins may testify about aircraft operations at NAS Oceana in the 1980s. CWO Jenkins may also testify regarding the reporting and recording of aircraft operations numbers.
May call if

the need arses, estimated time for direct testimony: 20 minutes.

7. Henry J. Wise

Pritchett, Ball & Wise, Inc. 1389 Peachtree St, NW Atlanta, GA 30309
plaintiffs' Mr. Wise is an appraiser who may offer expert testimony as to the fair market value of property and the effect, if any, of militar aircraft noise on residential property values in Virginia Beach, Virginia. He may also testify regarding matters and opinions discussed in his expert reports, as well as the appraisals and other expert reports filed by plaintiffs.

Expected to testify, estimated time for direct testimony: 4 hours.

8. Michael Germano Germano & Associates 400 North Center Drive Suite 215 Norfolk, VA 23502
Mr. Germano is a local appraiser who has appraised the twelve properties in the test case and has assisted Mr. Wise with his expert report. Mr. Germano may offer expert testimony on the fair market value for the test properties both before and after the alleged date of taking. He may also testify regarding matters and opinions discussed in his appraisals, as well as the appraisals and other expert reports fied by plaintiffs.

Expected to testify, estimated time for direct testimony: 3 hours.
9. Sanford Fidell, Ph. D.

Fidell Associates, Inc. 23139 Erwin Street Woodland Hills, CA 91367

Dr. Fidell is an expert witness on the effects of environmental noise on individuals and communities. He may testify on matters concernng noise measurement and noise impact on
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plaintiffs. He may also testify regarding aircraft noise at NAS Oceana and matters and opinions discussed in his expert reports, as well as the expert reports filed by plaintiffs.

Expected to testify, estimated time for direct testimony: 4 hours.

10. Micah Downing, Ph.D. Wyle Laboratories 2001 Jefferson Davis Hwy Suite 701, Crystal Plaza Arlington, VA 22202
Dr. Downing may testify regarding noise analyses Wyle Laboratories prepared for the Navy relating to NAS Oceana, including but not limited to flght profiles and other data used in the
baseline 2000 modeled contours used in the F / A - 18 E- F EIS, as well as in the revised proj ected

1999 contours, as well as any data provided to Defendant's experts forthe test plaintiffs' Defendant's experts. Some of properties and/or for other properties addressed in the analyses of his testimony may involve expertise in acoustical research, noise contour modeling, and calculation of noise data. Dr. Downng may also testify regarding any data provided to the above individuals or others working at their direction for the purpose of responding to matters contained in the expert reports filed by the plaintiffs.
Expected to testify, estimated time for direct testimony: 2.5 hours.
11. Geral Long

Wyle Laboratories 2001 Jefferson Davis Hwy Suite 701, Crystal Plaza Arlington, VA 22202

Mr. Long may testify concerning the baseline 2000 modeled contours used in the F/A - 18 E-F those EIS, including but not limited to flght profies and other data used in the development of contours, and perhaps the projected modeled 1999 contours and the revised projected modeled his 1999 contours, as well as earlier Wyle noise studies related to NAS Oceana. Some of testimony may involve other Wyle reports and expertise in acoustical research and noise contour modeling.
May call if

the need arises, estimated time for direct testimony: 1 hour.

12. Alan Zusman C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
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Mr. Zusman may testify regarding the baseline 2000 modeled contours used in the F/A - 18 E-F EIS, including but not limited to the data gathering effort behind the F/A-18 C/D and F-14 flght profies used in the development of those contours, and perhaps the projected modeled 1999 contours and the revised projected modeled 1999 contours. Mr. Zusman may also testify regarding the Air Installation Compatible Use Zone program, including but not limited to the
implementation of that program at NAS Oceana, both historically and at the time of

the alleged

taking, and prior noise studies at NAS Oceana, as well as prior noise studies and environmental impact analyses related to NAS Oceana. Mr. Zusman may also testify about the continued use of
the projected modeled 1999 contours by local governents for land use planning puroses. Mr.

Zusman also may testify regarding a speculative, rough estimate regarding costs of sound
insulation for residences near NAS Oceana, if necessar.

Expected to testify, estimated time for direct testimony: 2.5 hours.
13. Dan Cecchini

Head, NEP A Support Section Environmental Planing Branch Naval Facilities Engineering Command Atlantic
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
Mr. Cecchini may testify regarding the baseline 2000 modeled contours used in the F/A-18 E-F EIS, including but not limited to the data gathering effort behind the F/A-18 C/D and F-14 flight profies and other data used in the development of those contours, and perhaps the modeled 1999 contours. Mr. Cecchini may also testify regarding the Air Installation Compatible Use Zone program, and prior noise studies at NAS Oceana and environmental impact analyses related to NAS Oceana.
Expected to testify, estimated time for direct testimony: 2 hours.
14. Lisa Matthies

GIS Deparent
Ecology and Environment, Inc 368 Pleasant View Dr., Lancaster, NY 14086
Ph: 716.684.8060 x 2254

. Ms. Mattheis may testify regarding preparation of maps used as exhibits at tral, including but not limited to maps plotting plaintiffs' properties, including but not limited to the properties of the test plaintiffs in relation to noise contours at NAS Oceana and NALF Fentress. Ms. Matheis the test plaintiffs' properties that were may also testify regarding data related to the location of their expert reports, and data related to the provided to Defendant's experts for the purose of location of many other properties in Virginia Beach that were provided to Defendant's experts
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their expert reports. Ms. Matheis may also testify regarding any data provided to the above individuals or others working at their direction for the purpose of responding to matters contained in the expert reports filed by the plaintiffs.
for the purose of May call if

the need arses, estimated time for direct testimony: 20 minutes.

15. Capt. (Ret.) Mark Benson
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
Capt. (Ret.) Benson is a former commander of

Strike Fighter Wing, U.S. Atlantic Fleet. He may

testify regarding the F/A-18 C/D flight profiles used in revising the original modeled projected 1999 noise contours surounding NAS Oceana and used in modeling the 2000 baseline noise contour used in the F/A-18 ElF east coast basing EIS.

Expected to testify, estimated time for direct testimony: 45 minutes.

16. CAPT Mark Clemente C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CAPT Clemente is a former commander of

Fighter Wing, U.S. Atlantic Fleet. He may testify

regarding the F-14 flight profies used in revising the original modeled projected 1999 noise contours surounding NAS Oceana and used in modeling the 2000 baseline noise contour used in the F/A-18 E/F east coast basing EIS. CAPT Clemente may also testify about the maner in which the F-14 was flown at NAS Oceana in July 1999.
Expected to testify, estimated time for direct testimony: 45 minutes.
17. Eric Boyajian,

ATAC Corporation 755 N. Mathilda Ave, Ste 200 Sunnyvale, CA 94085
Mr. Boyajian may testify regarding the gathering of data that was used in determining the original modeled projected 1999 contours, and data that was used in determining the 2000 baseline modeled contours used in the F/A-18 ElF east coast basing EIS, as well as the modeling of those data using the NASMOD softare program. Mr. Bojayjian may also testify regarding

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other modeling done by ATAC related to NAS Oceana. Some of

his testimony may involve

expertise in these areas.

May call if

the need arses, estimated time for direct testimony: 1 hour.

.

18. Derek Huber

C/O ATAC Corporation 755 N. Mathilda Ave, Ste 200
Sunyvale, CA 94085

Mr. Huber was formerly employed with ATAC and may testify regarding the gathering of data which was used in determining the original modeled projected 1999 contours, as well as the modeling of those data using the NASMOD softare program. Mr. Huber may also testify
regarding other modeling done by ATAC related to NAS Oceana. Some of

his testimony may

involve expertise in these areas.
May call if

the need arises, estimated time for direct testimony: 30 minutes.

19. Dr. David Dale-Johnson

Chief Investment Officer
Fog Cutter Capital Group, Inc.

PO Box 2665
Portland, Oregon 97208-2665

Dr. Dale-Johnson is an expert witness in the fields of economics and real estate. He may testify regarding the alleged impacts of aircraft noise on residential real estate values. He may also

testify regarding matters and opinions discussed in his expert reports, as well as the expert reports filed by plaintiffs.

Expected to testify, estimated time for direct testimony: 4 hours.
20. Ms. Ruth Frier

Former NAS Oceana Operations Deparment Administrative Offcer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
Ms. Frier may testify regarding records for aircraft operations at NAS Oceana. Ms. Frier may

also testify regarding the reporting and recording of aircraft operations numbers.
May call if

the need arises, estimated time for direct testimony: 30 minutes.

21. Michael P. Smith, Ph.D. Managing Director
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LECG 2049 Century Park East Suite 2300 Los Angeles, California 90067

Dr. Smith is an expert in the field of economics and statistics. He may testify regarding matters and opinions discussed in Dr. David Dale-Johnson's expert reports. May call if the need arses, estimated time for direct testimony: 1 hour.
22. Joseph L. Katz, Ph. D.

1101 Juniper Street, #804

Atlanta, Georgia 30309

Dr. Katz is a statistician and may offer testimony regarding matters and opinions discussed in Mr. Wise's expert reports.
May call if

the need arises, estimated time for direct testimony: 1 hour.

23. CDRJames Webb

C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
Commander Webb may testify regarding the data gathering effort behind the F/A-18 C/D flight profiles used in revising the original modeled proj ected 1999 noise contours and in determining the modeled 2000 baseline noise contour used in the F/A-18 ElF east coast basing EIS for the areas surrounding NAS Oceana. CDR Webb may also testify as to when F/A-18 C/D aircraft
arved at NAS Oceana from NAS Cecil Field and the maner in which the F/A-18 C/D was

flown at NAS Oceana in July 1999.

Expected to testify, estimated time for direct testimony: 1.5 hours.
24. CDR Chrstopher Powell C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

Commander Powell may testify regarding the data gathering effort behind the F/A-18 C/D flght profiles used in revising the original modeled projected 1999 noise contours and in determining the modeled 2000 baseline noise contour used in the F/A-18 ElF east coast basing EIS for the areas surrounding NAS Oceana.

May call if the need arses, estimated time for direct testimony: 30 minutes.
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25. Nick Miler
Senior Vice President

Hars Miler Miler & Hanson, Inc. (HMMH)
15 New England Executive Park Burlington, MA 01803

Mr. Miller may testify regarding prior noise studies at NAS Oceana conducted by HMMH. Mr. Miler may also testify about the 1978 noise study related to NAS Oceana performed by AESO.

May call if the need arses, estimated time for direct testimony: 2 hours.
26. CDR Todd Pollard
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CDR Pollard may testify regarding the data gathering effort behind the F -14 flight profiles used in revising the original modeled projected 1999 noise contours and in determining the modeled
2000 baseline noise contour used in the F / A -18 ElF east coast basing EIS for the areas

surrounding NAS Oceana.

Expected to testify, estimated time for direct testimony: 1 hour.
27. (Former) LT Kyle Mitsumori C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

Mr. Mitsumori may testify regarding the data gathering effort behind the F -14 flight profiles used in revising the original modeled projected 1999 noise contours and in determining the modeled 2000 baseline noise contour used in the F/A-18 ElF east coast basing EIS for the areas surounding NAS Oceana.
May call if

the need arises, estimated time for direct testimony: 30 minutes.

28. CAPT Stephen Riley Head, Airspace & Air Traffic Control Programs (OPNA V 785F)
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

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CAPT Riley, who is the senior air traffc controller in the Navy, may testify regarding aircraft operations at NAS Oceana, including but not limited to the gathering and reporting of data on numbers of aircraft operations, at NAS Oceana (1979-1984) when he was stationed at that facility and how such aircraft operations numbers were gathered and reported by naval installations over the past approximately 25+ years.
Expected to testify, estimated time for direct testimony: 2.5 hours.
29. Jason Kim

ATAC Corporation 755 N. Mathilda Ave, Ste 200
Sunyvale, CA 94085

Mr. Kim may testify about the gathering of data that was used in the NASMOD study performed by ATAC Corporation for the F/A-18 ElF east coast basing EIS, including but not limited to data that were used in determining the 2000 baseline modeled contours.

May call ifthe need arses, estimated time for direct testimony: 30 minutes.
30. CAPT Thomas Keeley Former Commanding Offcer, NAS Oceana
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

CAPT Keeley may testify regarding operations, course rules, flght paths and altitudes at NAS a, including but not limited to the relationship ofthe flght tracks to the test plaintiffs' Ocean homes, and including but not limited to prior aircraft operations, course rules, flght paths and altitudes at NAS Oceana. CAPT Keeley may also testify about the continued use ofthe modeled projected 1999 contours by local governents for land use planning purposes. CAPT Keeley may also testify about the characteristics and history ofNAS Oceana.

Expected to testify, estimated time for direct testimony: 3 hours.

31. CAPT (Ret.) Eric Benson
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

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CAPT Benson may testify regarding operations, course rules, flight tracks and altitudes at NAS Oceana, including but not limited to prior operations, course rules, flght tracks and altitudes at NAS Oceana.
May call if

the need arses, estimated time for direct testimony: 30 minutes.

32. Fred Pierson

Former Community Planng and Liaison Offcer, NAS Oceana C/O Commanding Officer Naval Air Station Oceana
1750 Tomcat Boulevard Virginia Beach, Virginia 23460

Mr. Pierson may testify as to matters under his cognzance when he was the community planing and liaison officer at NAS Oceana.
May call if

the need arises, estimated time for direct testimony: 30 minutes.

33. CAPT (Ret.) Skip Zobel Former Commanding Offcer, NAS Oceana
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CAPT Zobel may testify regarding aircraft operations and matters under his cognizance when he was the commanding officer at NAS Oceana.
May call if

the need arises, estimated time for direct testimony: 1.5 hours.

34. CDR (Ret.) Frank Kraemer Former NAS Oceana Air Operations Office
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CDR (Ret.) Kraemer may testify about aircraft operations at NAS Oceana in the early 1990s. CDR Kraemer may also testify regarding the reporting and recording of aircraft operations numbers.

May call ifthe need arises, estimated time for direct testimony: 20 minutes.
35. CDR (Ret.) Lawrence Hurley Former NAS Oceana Air Traffic Control Facility Offcer
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c/o Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CDR (Ret.) Hurley may testify about aircraft operations at NAS Oceana in the 1980s. CDR

Hurley may also testify regarding the reporting and recording of aircraft operations numbers.
May call if

the need arses, estimated time for direct testimony: 20 minutes.

36. CDR (Ret.) Robert F. Collns Former NAS Oceana Air Operations Offcer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CDR (Ret.) Collins may testify about aircraft operations at NAS Oceana in the 1980s. CDR Collins may also testify regarding the reporting and recording of aircraft operations numbers.
May call if

the need arses, estimated time for direct testimony: 20 minutes.

37. Lloyd Wilknson Process Logic, Inc. P.O. Box 675821 Maretta, GA 30006-0022
Mr. Wilkinson may testify about management of data used by Hank Wise, if necessary.
May call if

the need arses, estimated time for direct testimony: 30 minutes

38. Joe Czech Wyle Laboratories 128 Maryland Street EI Segundo, California 90245-4100
Mr. Czech may testify regarding noise analyses at NAS Oceana by Wyle Laboratories. Mr. Czech may also testify regarding a speculative, rough estimate regarding costs of sound necessary. insulation for residences near NAS Oceana, if
May call if

the need arses, estimated time for direct testimony: 1.5 hours.

39. CDR (Ret.) James Wagner Former NAS Oceana Air Operations Offcer
C/O Commanding Offcer

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Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CDR (Ret.) Wagner may testify about aircraft operations at NAS Oceana in the mid 1970's and 1979-1982. CDR Wagner may also testify regarding the reporting and recording of aircraft operations numbers.

May call if the need arses, estimated time for direct testimony: 20 minutes.

40. CDR (Ret.) Larr Pinkston Former NAS Oceana Air Operations Officer
C/O Commanding Offcer

Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
CDR (Ret.) Pinkston may testify about aircraft operations at NAS Oceana in the early 1980's. CDR Pinkston may also testify regarding the reporting and recording of aircraft operations numbers.
May call if the need arises, estimated time for

direct testimony: 20 minutes.

Borowy CNO Code N434 C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460
41. CDR Jeff

CDR Borowy may testify regarding a speculative, rough estimate regarding costs of sound insulation for residences near NAS Oceana, if necessary.
May call if

the need arises, estimated time for direct testimony: 30 minutes.

42.Curtis Utz Naval Historical Center C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

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Mr. Utz may testify regarding naval historical records related to aviation, including but not limited to records related to NAS Oceana.

Expected to testify, estimated time for direct testimony: 1 hour.
Defendant reserves the right to call any witness named in plaintiffs' witness list, any plaintiff, and any test plaintiff in this action. If necessary, defendant reserves the right to call a witness from the City of Virginia Beach to explain how their tax parcel data is compiled and the Custodian of Records for the REIN database. Further, defendant reserves the right to call any witness in this case who has been or will be deposed or any witness identified by the plaintiffs, including but not limited to the test plaintiffs and any witness named in plaintiffs' previous
witness lists.

Dated: September 28, 2006

s/ Steven D. Brvant STEVEN D. BRYANT KELLE S. ACOCK U.S. Deparent of Justice Environment & Natural Resources Div.
Natual Resources Section

P.O. Box 663 Washington, D.C. 20044-0663
Email: steven.bryant(qusdoi.gov

Voice: (202) 305-0424 Fax: (202) 305-0267
Of Counsel:

Robert J. Smith

Mary Raivel Navy Litigation Office Washington Navy Yard, D.C. 20374
CDR Dominick Yacono JAGC, USN Commander Navy region Mid-Atlantic, Code (OOLE) Norfolk, VA 23511-2737

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