Free Response to Cross Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 173-88

Filed 05/26/2006

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00001 1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS 2 ----------------3 CAROLE and ROBERT TESTWUIDE, et ) 4 al., 5 Plaintiffs, ) )

6 ) Case No. 01-201-l 7 8 ) 9 THE UNITED STATES OF AMERICA, 10 Defendant. ) ) vs. ) JUDGE WOLSKI

11 - - - - - - - - - - - - - - - - 12 Thursday, April 7, 2005 13 9:00 a.m. 14 15 Videotaped deposition of JOSEPH J. CZECH, held at

16 the law offices of Wyle Laboratories, Crystal Plaza I, 17 2001 Jefferson Davis Highway, Suite 701, Arlington, 18 Virginia 22202, before Jonathan Wonnell, a Registered 19 Professional Court Reporter and Notary Public of the 20 Commonwealth of Virginia. 21 22

Czech, Joseph 04.07.05

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Okay. And the handwritten note,

2 again -- I'll come back to Exhibit 5 separately. 3 The handwritten note says note, "NAS Oceana, 4 fleet" -- does that say "fleet," the next one? 5 6 A. Q. "Fleet/wing." "Previously signed off on modeled tracks

7 as late as July '96." 8 9 10 A. Q. A. Yes. Do you know what that's referring to? That was probably referring to the 96-3

11 report or the data package related thereto. 12 Q. Right. And they were the tracks you

13 used as the baseline for 97-10? 14 15 16 A. Q. A. (Nods head). Okay. And then the third one -That's what we initially started with,

17 yes. 18 Q. Right. And I understood there were some

19 modifications that were sent over time? 20 21 A. Q. Right. Correct. And then the third paragraph in the

22 handwritten note, it talks about a question that an

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00059 1 admiral, a Rear Admiral Smith, has. Have you read 2 that? 3 4 A. Q. I'm reading it now. (Reading) Okay. Do you recall any questions about the

5 accuracy of the flight tracks as to the actual 6 flights that were being conducted at Oceana during 7 this time period? 8 9 A. Q. Was I aware of the accuracy? Or a question about the accuracy of the

10 flight tracks. 11 12 A. Q. Other than what -- these memos, no. In that paragraph 3, there's this --

13 Mr. Zusman I assume is writing that air traffic 14 control extends downwind leg and that they would 15 have to look, for example, at this flight track and 16 tell you when it's extended and by how many feet 17 and so forth. Do you recall that ever being done? 18 19 A. Q. No. I don't believe it was. Do you recall any changes to the flight

20 tracks to extend them for any reason because of 21 saturation in the pattern? 22 A. May I look at this?

Czech, Joseph 04.07.05

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Case 1:01-cv-00201-VJW
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Oh, sure. You can look at anything

2 you'd like. 3 A. (Reading) Okay. I'm sorry. What was

4 the question again? 5 Q. The question is do you recall whether

6 there was any investigation into the accuracy of 7 the flight tracks for, you know, variances, for 8 instance, when the pattern is saturated? 9 10 A. Q. I don't think there were. Okay. The last sentence Mr. Zusman

11 writes "In other words, what variability is there 12 in the tracks?" Do you recall making any 13 investigation with air traffic control, for 14 instance, whether the tracks were different than 15 what was shown in the report? 16 A. Well, nothing more than them saying they

17 represent nominal or average flight tracks. There 18 is going to be some variability and they don't fly 19 as lines in the sky but that basically the tracks 20 shown are mean, you know, means of where they fly. 21 Q. After around this time in December 1997

22 do you recall making any further inquiries of air

Czech, Joseph 04.07.05

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