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

Case 1:01-cv-00201-VJW
OCEANA Notes Zusman, Alan 09.19.2005: 16:17 - 19:4

Document 135-5

Filed 10/24/2005

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17 Q. All right. Under the assumption that it 18 is February 1998 Mr. Czech has testified that he 19 and Wyle continued to work on a project under your 20 direction for a period of time following the 21 publication of the noise study; is that accurate? 00017 1 A. I don't recall that specifically. 2 Q. Have you read Mr. Czech's deposition or 3 been told anything about its contents? 4 A. No, I have not. 5 Q. So have you ever heard the words mystery 6 project? 7 A. No, sir. 8 Q. What do you recall, if anything, about 9 what Wyle did in respect of Oceana Naval Air 10 Station or Fentress with regard to what Wyle did 11 after February of 1998 with regard to those two 12 airfields? 13 MR. BRYANT: I'm going to object if we're 14 going to get into privileged communications. We 15 may even want to take a break on this. 16 MR. QUINN: I asked him his recollection. 17 I didn't ask him any communications. 18 MR. BRYANT: Okay. That's fine. 19 Q. What do you recall about what Wyle was 20 doing? 21 A. I don't recall specifics because there 00018 1 was, post-EIS there was discussions on -2 MR. BRYANT: That's getting into 3 discussions. I think we may want to take a break 4 on this and make sure we're not getting into an 5 area that's going to be privileged. 6 MR. QUINN: I'm concerned about talking 7 to the witness during a deposition -8 MR. BRYANT: I'm concerned about -9 MR. QUINN: -- if it is purely a question 10 of privilege. 11 MR. BRYANT: I'm concerned about him 12 revealing privileged communications. 13 MR. QUINN: This is communications 14 between a lawyer and Mr. Zusman; is that what we're 15 talking about? 16 MR. BRYANT: You know what privileged 17 communications are. We don't need to get into a 18 discussion about that. 19 MR. QUINN: I've got an idea. 20 MR. BRYANT: We've already gone into this 21 in Joe Czech's deposition. I want to make sure 00019 1 we're not getting into areas that are privileged 2 communications. I want to make sure he understands 3 that so let's take a quick break. 4 MR. QUINN: Okay. Issue: Mystery Project by Czech Page 1 10/20/2005

Case 1:01-cv-00201-VJW
OCEANA Notes Zusman, Alan 09.19.2005: 20:2 - 22:13

Document 135-5

Filed 10/24/2005

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2 Q. After Wyle issued its final noise report 3 prior to the C/D EIS did Wyle perform any work 4 under your supervision in respect of Fentress or 5 Oceana that you can recall? 6 A. There was continued work by Wyle Labs 7 after the EIS was published, yes. 8 Q. What was that? 9 A. To the best of my recollection, the 10 commanding officer at NAS Oceana, I'm not sure who 11 it was specifically at the time, but because the 12 noise issues were so paramount and the EIS had 13 concern not only to the Navy but the community at 14 large and in keeping with the AICUZ program looking 15 for ways to mitigate noise the commanding officer 16 wanted to look at various operational alternatives 17 to perhaps see if there was other ways we can 18 reduce noise, however small they may be. And so we 19 had Wyle Labs continued under contract and at some 20 point after the EIS was published there were 21 various alternatives looked at at the request of 00021 1 the Navy that we had Wyle Labs run some analysis 2 on. 3 Q. Now, put some kind of a timeframe on 4 this. Wyle Labs was also the -5 MR. BRYANT: Objection. We're getting 6 into privileged material now. 7 MR. QUINN: What? 8 MR. BRYANT: We're getting into 9 privileged discussions. 10 MR. QUINN: I haven't asked the question 11 yet. 12 MR. BRYANT: I'll let you ask the next 13 question. I just want to caution you. 14 MR. QUINN: Can I learn what privilege 15 we're talking about? 16 MR. BRYANT: Attorney-client privilege, 17 attorney work product. 18 MR. QUINN: Which? Or is it both? 19 MR. BRYANT: It's both. 20 Q. After they published the final noise 21 study for the C/D they also became the noise 00022 1 contractor for the EIS that was drafted for the 2 movement or the deployment of the E/F to Oceana; is 3 that correct? 4 A. That's correct. 5 Q. So the period I'm talking about now is 6 between the time that they finished their work on 7 the C/D and the time that they began the EIS. Is 8 that -- is that what you're talking about now? 9 A. As I -10 MR. BRYANT: I'm going to have to object 11 and direct you not to answer these questions 12 because we are getting into discussions that are 13 privileged communications. Issue: Mystery Project by Czech Page 2 10/20/2005

Case 1:01-cv-00201-VJW
OCEANA Notes Zusman, Alan 09.19.2005: 22:14 - 23:1

Document 135-5

Filed 10/24/2005

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Q. What was the name of the commanding 15 officer at Oceana under whose impetus this study 16 was made? 17 A. I wouldn't call it a study, and that's 18 not the sense of it, but I do recall at some point 19 in time Captain Zobel was the commanding officer at 20 Oceana and he wanted to look at -21 MR. BRYANT: Objection. Direct you not 00023 1 to answer what he wanted to look at. Issue: Mystery Project by Czech

Zusman, Alan 09.19.2005: 23:3 - 23:10

3 Q. Did Captain Zobel speak to you about what 4 he wanted to do? 5 A. He spoke to -- yes, he did. 6 Q. All right. Whose responsibility was it 7 to ask Wyle to do it and then give them directions 8 as to what they were supposed to do? 9 MR. BRYANT: Direct you not to answer 10 these questions. Issue: Mystery Project by Czech

Zusman, Alan 09.19.2005: 23:15 - 26:16

15 Q. I don't have to ask you that question 16 every time, then. All right? All right. Was Wyle 17 separately paid for this project? 18 A. Wyle Labs, as I indicated earlier, had 19 been under an indefinite quantity contract that was 20 administered by the then Chesapeake Division of the 21 Naval Facilities Engineering Command, I was the 00024 1 planner in charge of that contract so this was, 2 whatever they did was a task order under that 3 larger contract. 4 Q. For which they could submit an invoice; 5 is that correct? 6 A. That's correct. 7 Q. Are you the person that would have 8 approved that invoice? 9 A. I would have. 10 Q. Are you the person that designed the 11 project that Wyle ultimately submitted an invoice 12 for? 13 A. I was the person that drafted the scope 14 of work for the project in the contract. 15 Q. Were you the person to whom Wyle reported

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Case 1:01-cv-00201-VJW
OCEANA Notes

Document 135-5

Filed 10/24/2005

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16 on whatever they did? 17 A. One of, yes. 18 Q. Okay. And to whom else did they report? 19 A. They would have contacted staff at NAS 20 Oceana who was also engaged in doing this. Beyond 21 that, I don't know who else they would have talked 00025 1 to. 2 Q. When you say staff at NAS Oceana who was 3 that? 4 A. Specific names I can't recall. 5 Functionally it would have been the commanding 6 officer, the air ops officer, air traffic control 7 officer, and community plans and liaison officer. 8 Q. Did you talk to Captain Zobel about this 9 project? 10 A. I did. 11 Q. Did you talk to any of the individuals 12 who held the titles that you just named? 13 A. At one point or another, yes. 14 Q. What names do you remember were those 15 people? 16 A. There was a gentleman Robert Rountree, 17 there was a Mr. Ray Ferenzi. Those are the only 18 two I can recall at the moment. 19 Q. Okay. Did you talk to anybody else about 20 the scope of work or about its output when it 21 ultimately finished? 00026 1 A. Staff at the Naval Facilities Engineering 2 Command Atlantic Division. 3 Q. Who? 4 A. Mr. Dan Cecchini. 5 Q. What, if any, relationship did this -6 can we call it a project? What do you want to call 7 it? 8 A. Project is fine. 9 Q. Okay. What, if any, relationship did 10 this project have to the subsequent EIS that had to 11 do with the F/A18 E/F? 12 MR. BRYANT: Objection. Direct you not 13 to answer that question. 14 MR. QUINN: Attorney-client privilege? 15 MR. BRYANT: Attorney work product, 16 attorney-client privilege. Issue: Mystery Project by Czech

Zusman, Alan 09.19.2005: 26:17 - 28:7

Q. Did Wyle's work on this project result in 18 a report? 19 MR. BRYANT: Direct you not to answer 20 that question. Okay. Actually, you can answer 21 that. 00027 1 A. I don't specifically recall seeing a 2 report. There was a product but I don't recall it 3 as a report. 4 Q. Did this product take the form of paper?

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Case 1:01-cv-00201-VJW
OCEANA Notes

Document 135-5

Filed 10/24/2005

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5 A. Yes, it did. 6 Q. And was it submitted to you? 7 A. Yes, it was. 8 Q. Did you comment on it? 9 A. I certainly reviewed it and I guess I 10 recall comment, yes. 11 Q. Did you send it on up the chain from you 12 to others? 13 A. I know the results were also provided to 14 Captain Zobel. I don't know who else may have seen 15 it. 16 Q. So with whatever document that Wyle gave 17 you did you then summarize it and make 18 recommendations or did you make any recommendations 19 to anybody with regard to it? 20 A. I don't recall right now. 21 Q. Did it produce, so far as you know, any 00028 1 decisions by your office? 2 A. My office? No. 3 Q. Did it produce any decisions, so far as 4 you know, by the people who fly planes at Oceana? 5 MR. BRYANT: Direct you not to answer 6 that question. Let's take a break just for one 7 second. Date: Issue: 10/05/2005 Mystery Project by Czech

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