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

Case 1:01-cv-00201-VJW

Document 136-2
S.

Filed 11/10/2005

Page 1 of 2

Department of Justice

Environment and Natural Resources Division
SOB

90-1-23-10297
General Litigation Section
P. O. Box 663
Telephone (202) 305- 0424
Facsimile (202) 305- 0506

Washington, DC 20044-0663

October 28 ,

2005

Via E-mail
Jack E. Ferrebee , Esquire Hofheimer/Ferrebee , P. 1060 Laskin Road
Suite 12B Sandpiper Key

Virginia Beach , Virginia 23451
Re:

Testwuide, et. al. v. United States , No. 01- 201L Motion to Compel

Dear Jack:

As you know from our telephone conversation Wednesday morning, I was very surprised to receive the Motion to Compel Discovery you filed regarding the documents referenced in Mart W olrs July 28 , 2005 letter. In the past , both sides have worked amicably to resolve discovery issues regarding the test case before seeking court intervention. Despite the multitude of phone calls , e-mail exchanges and correspondence in recent weeks regarding discovery issues , you or your co-counsel did not indicate that you intended to fie a motion to compel. I was particularly taken aback since at the time you fied the motion you had not produced the revised pnvilege log you had previously agreed to provide to defendant by July 22 2005. As you know , we finally received that log yesterday, and are reviewing it.
In any event , we have now completed our review of the documents you cite in your motion. After that further review , we are releasing some documents in their entirety, and in other cases are releasing certain material previously redacted , while still withholding other material. I have also enclosed an updated privilege log. I trust that the revised privilege log address the concerns about material we continue to assert protection for in the documents cited in Mart' s July 28th letter. If you continue to have any concerns , I would ask that you let me know so that we can , if possible , attempt to address your concerns about this material without court intervention.

Please note that Mart identified two e-mails (Bates No. OCE213540 and OCE213635) in his letter that are not privileged and were produced on March 28 , 2005. To the extent that Marty was requesting the attachments rather than the e-mails , please be advised that the three attachments to OCE213635 (and OCE213632) are privileged and have been included on the revised privilege log. With regard to the two attachments to OCE213540 , those documents have been produced.
I trust that in the future the parties can continue to work together to resolve
discovery disputes without invoking the court' s assistance , unless necessary.

Case 1:01-cv-00201-VJW

Document 136-2

Filed 11/10/2005

Page 2 of 2

Sincerely,

sf/Steven D. Bryant

Steven D. Bryant

Enclosures

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