Free Witness List - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 158

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

No.: 01-201L (Honorable Victor J. Wolski)

PLAINTIFFS' WITNESS LIST Plaintiffs, in accordance with the Scheduling Order entered by the Court as modified by agreement of the parties, submit the following list of potential witnesses in the trial of this matter. This list may be modified as additional information is learned. The fact that a person is identified on this list does not indicate that the person will be called as a witness at trial. Further, the fact that a person is identified on this list does not mean that Plaintiffs concede that the person is qualified as an expert in any given field of expertise, or qualified to testify at trial. Plaintiffs retain the right to challenge the

qualifications of any witness to testify at trial on any given topic or in total. Plaintiffs may also call witnesses, including expert witnesses, to rebut testimony tendered or placed in evidence by Defendant. Plaintiffs reserve the right to amend this list in connection with the Post-Discovery Conference called for by COFC Rules, Appendix A, Rules 11, 12 and 13(b). A. Potential Supporting Witnesses See Addendum A B. Potential Adverse Witnesses See Addendum B

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Respectfully submitted, Dated: April 7, 2006 /s/ Jack E. Ferrebee Jack E. Ferrebee 1060 Laskin Road, Suite 12B Virginia Beach, Virginia 23451 (757) 425-1539 [email protected]

Of Counsel: Kieron F. Quinn Martin E. Wolf Quinn, Gordon & Wolf, Chtd. 40 West Chesapeake Avenue Suite 408 Towson, Maryland 21204 (410) 825-2300 [email protected] [email protected] Kristen Hofheimer Charles R. Hofheimer Hofheimer/Ferrebee, P.C. 1060 Laskin Road, Suite 12-B Virginia Beach, Virginia 23451 (757) 425-5200 [email protected] [email protected] Stephen C. Swain Thomas Shuttleworth Lawrence Woodward Shuttleworth, Ruloff, Giordano & Swain 4525 South Boulevard Suite 300 Virginia Beach, Virginia 23452 (757) 671-6000 [email protected] [email protected] [email protected]

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CERTIFICATE OF SERVICE I certify that a copy of the foregoing Plaintiffs' Witness List was sent electronically this 7th day of April 2006 to counsel of record, as follows: STEVEN D. BRYANT Environment & Natural Resources Division Department of Justice 601 D Street, N.W., Rm. 3205 Washington, D.C. 20004 /s/ Jack E. Ferrebee Jack E. Ferrebee

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Plaintiffs' Witness List - Addendum A - Supporting Witnesses Add Lname Fname 879 Winwood Drive Askins 1 Tom Virginia Beach, VA 23451 757-425-5242

Comment Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft.

2 Betty

Capps

4025 Cory Lane Chesapeake, VA 23321 757-486-9575

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her former home.

3 Barbara

Clark

411 16th Street Virginia Beach, VA 23451 757-425-2139

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Witness provided comments during the BRAC 2005 process. Comments can be found at http://brac.gov/LibraryComm.aspx

4

Custodian of Records for the City of Virginia Beach

Custodian of Records Municipal Center Virginia Beach, VA 23456 757-427-8204

Expected to authenticate all records regarding AICUZ program, land use decisions within noise contours and records regarding impact of jet noise on homes, structures and public buildings.

5 Nancy

Darling

909 Goldsboro Avenue, Virginia Beach, VA 23451 757-425-5757

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her home.

6 James M. "Mike" Davis

Office of Economic Adjustment 400 Army Navy Drive Suite 200 Arlington, VA 22202-4704 703-604-6020

Project Manager for Joint Land Use Study (JLUS). Witness is expected to authenticate documents coming from the Joint Land Use Study.

7 Marguerite

Dickerson

317 Apasus Trail Virginia Beach, VA 23452 757-463-4119

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around her home.

8 Susan

Dingle

1701 April Court Chesapeake, VA 23323 757-549-2107

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around her former home.

9 Theodore

Dingle

912 Carolina Avenue Virginia Beach, VA 23451 757-428-2708

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

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Plaintiffs' Witness List - Addendum A - Supporting Witnesses Add Lname Fname David Dubbink Associates Dubbink 10 David 864 Osos Street Suite D San Luis Obispo, CA 93401 805-541-5325

Comment As developer of the Interactive Sound Information System (ISIS), he will authenticate that the ISIS software system replicates noise from jet aircraft operating at NAS Oceana.

11 Louis

Figari

624 Secotan Road Virginia Beach, VA 23451 757-425-8217

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

12 William

Gilbert

925 Earl of Chatham Lane Virginia Beach, VA 23454 757-496-5545

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around his home.

13 Robert

Goodwin

909 Pillow Drive Virginia Beach, VA 23454 757-481-3524

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around his home.

14 Ronald

Green

114 London Ridge Road Virginia Beach, VA 23454 757-486-0230

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation before and after the arrival of F/A-18 aircraft and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

15 Karen

Green

114 London Ridge Road Virginia Beach, VA 23454 757-486-0230

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her home.

16 James K.

Gregory

700 Oriole Drive 424B Virginia Beach, VA 23451 757-428-0775

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Witness provided comments during the BRAC 2005 process. Comments can be found at http://brac.gov/LibraryComm.aspx

17 Dennis

Gruelle

Appraisal Consultation Group 5511 Princess Anne Road Suite 202 Virginia Beach, VA 23462 757-497-1229

Expert Appraiser

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Plaintiffs' Witness List - Addendum A - Supporting Witnesses Add Lname Fname 421 Lake Drive Helvie 18 Carl O. Virginia Beach, VA 23451 757-848-9193

Comment Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Witness is a current plaintiff who provided comments during the F/A-18 E/F Environmental Impact Statement scoping process.

Mr. Helvie currently lives at 9 Rileys Way in Hampton, Virginia.

19 Kenneth

Hill

925 Lamplight Lane Virginia Beach, VA 23452 757-468-5577

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

20 Janet

Holloway

404 E. Farmington Road Virginia Beach, VA 23454 757-340-8073

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Witness provided comments during the BRAC 2005 process. Comments can be found at http://brac.gov/LibraryComm.aspx

21 Wayne L.

Hunsperger

Hunsperger & Weston Ltd 5889 S. Greenwood Plaza Boulevard Suite 404 Greenwood Village, CO 80111 303-741-5918

Expert Appraiser (Potential Rebuttal)

22 Kimberly

Johnson

4412 Reynolds Drive Virginia Beach, VA 23455 757-363-3660

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around her home. As a real estate agent, she also has knowledge of the impact of jet noise and the noise contours on marketing and selling real estate in Virginia Beach.

23 Randy

Keel

2424 Sedgewick Drive Virginia Beach, VA 23454 757-431-1837

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around his home.

24 Marie

Larson

859 Riverbend Road, Virginia Beach, VA 23452 757-368-0228

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her home.

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Plaintiffs' Witness List - Addendum A - Supporting Witnesses Add Lname Fname 3209 Chicory Court Leary 25 Michael Virginia Beach, VA 23456 757-468-9114

Comment Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

26 Harold

Levenson

2004 Brickell Court Virginia Beach, VA 23454 757-496-0745

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

27 Carroll

Lindsay

2709 East Kings Road Virginia Beach, VA 23452 757-486-0689

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

28 James

Lyles

950 Maryland Avenue Virginia Beach, VA 23451 757-422-3875

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

29 Sara

Lynch

1301 Brant Road Virginia Beach, VA 23451 757-428-3157

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her home.

30 Eileen

May

620 Little Neck Road Virginia Beach, VA 23452 757-431-3622

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her home.

31 Jeffery

McCreary

804 Lord Leighton Court Virginia Beach, VA 23454 757-496-8019

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around his home.

32 John M.

Morgan

Towson University 8000 York Road Baltimore, MD 21252 410-704-2964

Expert - GIS Maps

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Plaintiffs' Witness List - Addendum A - Supporting Witnesses Add Lname Fname 2617 Boush Quarter Nash 33 Charles Virginia Beach, VA 23452 757-463-2434

Comment Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around his home.

34 Jon P.

Nelson

642 Glenn Road State College, PA 16803 814-237-0157

Expert Economist

35 Theresa

Oswald

2249 North Wolfsnare Drive Virginia Beach, VA 23454 757-362-0837

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around her home.

36 Raymond B.

Palmquist

Department of Economics 4116 Nelson Hall North Carolina State University Raleigh, NC 27695-8110 919-513-2884

Expert Economist (Potential Rebuttal)

37 James

Riddick

1805 Loganberry Court Virginia Beach, VA 23456 757-427-0511

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

38 Sean

Ryan

1856 Pathfinder Drive Virginia Beach, VA 23454 757-721-2226

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

39 Graciela

Ryan

1856 Pathfinder Drive Virginia Beach, VA 23454 757-721-2226

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her home.

40 Al

Saferstein

748 Virginia Dare Drive Virginia Beach VA 23451 (757) 422-0401

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

41 Alexander

Salzberg

Salzberg Appraisals Inc. 633 Independence Boulevard Virginia Beach, VA 23462 757-499-4456

Expert Appraiser

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Plaintiffs' Witness List - Addendum A - Supporting Witnesses Add Lname Fname 912 Duke of Suffolk Drive Shick 42 John Virginia Beach, VA 23454 757-496-4147

Comment Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft.

43 Victor

Stauch

321 Mace Hill Street Virginia Beach, VA 23451 757-491-2744

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Witness is a current plaintiff who provided comments during the F/A-18 E/F Environmental Impact Statement scoping process.

44 Volker "Bill"

Steil

913 Earl of Essex Arch Virginia Beach, VA 23454 757-481-4274

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around his home.

45 Noral

Stewart

Stewart Acoustical Consultants 7406 L Chapel Hill Road Raleigh, NC 27607 919-858-0899

Acoustical Expert (Potential Rebuttal)

46 Herk

Stokely

1504 North Horseshoe Circle Virginia Beach, VA 23451 757-428-8064

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft.

47 Herbert

Van Nostrand

305 Corvette Lane Virginia Beach, VA 23452 757-486-2751

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around his home.

48 Betty

Van Nostrand

305 Corvette Lane Virginia Beach, VA 23452 757-486-2751

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her home.

49 Eddie

Waterman

2244 Windy Pines Bend Virginia Beach, VA 23456 757-430-0610

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft. Plaintiff is expected to testify regarding the operations of jet aircraft over and around her home.

50 Gregory

Whitley

2209 Lord Seaton Circle Virginia Beach, VA 23454 757-481-9238

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around his home.

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Plaintiffs' Witness List - Addendum A - Supporting Witnesses Add Lname Fname 241 Shipps Lane Wilson 51 Lillian Virginia Beach, VA 23454 757-428-3802

Comment Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around her home.

52 Bonnie Mae

Youngberg

2801 Shearwater Cove Virginia Beach, VA 23454 757-340-4289

Has knowledge concerning the operations of jet aircraft at Oceana Naval Airstation and has knowledge of the noise from such aircraft over and around her current and former home.

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Plaintiffs' Witness List - Addendum B - Potential Adverse Witnesses Add Lname Fname Abkin 1 Michael

2 Lt. Eric

Alderman

3 LCDR (Ret) James Arrighi

Former NAS Oceana Air Traffic Control Facility Officer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, VA 23460

4 Capt. (Ret) Eric

Benson

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

5 Capt. (Ret) Mark

Benson

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

6 Jeffrey

Borowy

7 Eric

Boyajian

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

8 Dan

Cecchini

Head, NEPA Support Section Environmental Planning Branch Naval Facilities Engineering Command Atlantic C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, VA 23460

9 Capt Mark

Clemente

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

10 Cdr. Robert

Collins

11

Custodian of Records for REIN database

12 Joe

Czech

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

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Plaintiffs' Witness List - Addendum B - Potential Adverse Witnesses Add Lname Fname Chief Investment Officer Dale-Johnson 13 Dr. David Fog Cutter Capital Group Inc. P.O. Box 2665 Portland, OR 97208-2665

14 CDR David

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

15 Micah

Downing

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

16 Cdr Richard

Erie

17 Sanford

Fidell

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

18 Raymond

Firenze

19 Ruth

Frier

Former NAS Oceana Operations Department Administrative Officer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, VA 23460

20 Michael

Germano

400 North Center Drive Suite 215 Norfolk, VA 23502

21 David

Gillen

22 CDR Dirk

Hebert, USN

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

23 Derek

Huber

c/o ATAC Corporation 755 N.Mathilda Ave, Ste 200 Sunnyvale, CA 94085

24 Cdr. Lawrence

Hurley

2

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Plaintiffs' Witness List - Addendum B - Potential Adverse Witnesses Add Lname Fname Former NAS Oceana Assistant Air Traffic 25 CWO (Ret) Danny Jenkins Control Facility Officer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, VA 23460

26 Captain Thomas

Keeley

Former Commanding Officer, NAS Oceana C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 2346

27 Cdr. Frank

Kraemer

28 Philip

Logan

29 Geral

Long

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

30 Lisa

Mattheis

GIS Department Ecology and Environment, Inc. 368 Pleasant View Dr., Lancaster, NY 14086 716-684-8060 x 2254

31 James T.

McClave

32 Nicholas

Miller

Senior Vice President Harris Miller Miller & Hanson, Inc. 15 New England Executive Park Burlington, MA 01803

33 Lcdr. (First name Mitsumori unknown) (Former) LT Kyle

C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 234

34 Fred

Pierson

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

35 Lt. Barry

Polk

NAS Oceana Air Traffic Control Facility Officer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, VA 23460

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Plaintiffs' Witness List - Addendum B - Potential Adverse Witnesses Add Lname Fname C/O Commanding Officer 36 Commander Todd Pollard Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, Virginia 23460

37 Lieutenant (First Name Unknown)

Powell

38 Robert

Rountree

39 Rich (Captain)

Tenga

40 Rear Admiral Stephen

Turcotte

41 Thomas

Tye

42 Commander James Webb

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

43 Lloyd

Wilkinson

44 Henry J.

Wise

Pritchett, Ball & Wise, Inc. 1389 Peachtree St, NW Atlanta, GA 30309

45 LCDR (Ret) Michael

Wulf

Former NAS Oceana Air Traffic Control Facility Officer C/O Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, VA 23460

46 William C. "Skip" Zobel

1336 Penguin Circle Virginia Beach, VA 1750 Tomcat Boulevard Virginia Beach, VA

47 Alan

Zusman

C/o Commanding Officer Naval Air Station Oceana 1750 Tomcat Boulevard Virginia Beach, VA 23460

4