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

Case 1:01-cv-00201-VJW
OCEANA Notes Czech, Joseph 04.07.05: 63:12 - 65:0

Document 135-4

Filed 10/24/2005

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MR. BRYANT: We had a discussion off the 13 record and some of the responses to your question 14 would be subject to the attorney-client and 15 attorney work product privilege and I've directed 16 Mr. Czech not to answer these questions. 17 MR. WOLF: Okay. 18 BY MR. WOLF: 19 Q. My last question I think was what work 20 did you continue to do on the Oceana noise project 21 after the final draft of this report, 97-10, was 22 issued. 00064 1 A. There was some investigation into sound 2 insulation that I participated in. 3 Q. Okay. Anything else? 4 MR. BRYANT: I'm directing him not to 5 answer anything that's privileged. 6 Q. Well, the question is is there anything 7 else. So is there something beyond your question 8 that you did work on? And that's just yes or no. 9 A. Yes. 10 Q. The work that you did that you can't 11 answer, was that while you were a Wyle employee? 12 A. Did you say that I can answer or can't? 13 Q. Cannot. 14 A. Yes. It was during while I was a Wyle 15 employee. 16 Q. So that was before you left in 2000? 17 A. Correct. 18 Q. When did you do this work that you can't 19 answer about? 20 A. During 1998. 21 Q. How many projects -- were they discrete 22 projects? 00065 Issue: Mystery Project by Czech

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10/20/2005

Case 1:01-cv-00201-VJW
OCEANA Notes Czech, Joseph 04.07.05: 66:12 - 68:19

Document 135-4

Filed 10/24/2005

Page 2 of 3

Q. Did you ever have conversations with 13 Mr. Zusman when there was no legal representative 14 present regarding this work? 15 A. Yes. 16 Q. How often did you talk to him? 17 A. Oh, in some periods on a daily basis. 18 Q. And generally what was the nature of the 19 work? Was it an investigation? 20 MR. BRYANT: If it's an investigation, 21 you can answer that question. 22 A. It was an investigation. 00067 1 Q. Did it involve the noise contours at NAS 2 Oceana? 3 MR. BRYANT: Do not answer that 4 question. 5 MR. WOLF: What's the privilege? 6 MR. BRYANT: Attorney-client and 7 attorney work product privilege. 8 MR. WOLF: I didn't ask him a 9 communications question. I asked him if his work 10 involved noise contours. So there's no 11 communication with an attorney. 12 MR. BRYANT: Attorney work product. 13 You're getting into clearly the subject matter of 14 what was done. And this clearly falls within the 15 privilege. I mean, I don't have a problem with 16 forming a background in terms of time and place, 17 that kind of thing. But that's getting within the 18 substance of what was done and is clearly within 19 the privilege. 20 Q. Was your work for the purpose of 21 litigation? 22 MR. BRYANT: If you know the answer. If 00068 1 you don't know don't say that you do. 2 A. It was for the purposes of potential 3 litigation. 4 Q. Was the potential the lawsuit that we're 5 involved in today that we're here to take this 6 deposition for? 7 MR. BRYANT: Again, if you know or don't 8 know -9 A. There would be know way of me knowing if 10 it was for this particular litigation or not. 11 Q. Do you know it was for potential 12 litigation because someone told you that? 13 MR. BRYANT: I direct you not to answer 14 that. You're getting into communications at this 15 point. 16 Q. How do you know it was for potential 17 litigation? 18 MR. BRYANT: Again, same privilege. 19 Don't answer. Issue: Mystery Project by Czech Page 1 10/20/2005

Case 1:01-cv-00201-VJW
OCEANA Notes Czech, Joseph 04.07.05: 65:11 - 66:8

Document 135-4

Filed 10/24/2005

Page 3 of 3

Q. When in 1998 were you working on the 12 project you're asserting a privilege for? 13 A. It would have been anytime between 14 February '98, maybe, and the end of the year 15 possibly. I don't recall the exact dates. 16 Q. And were you working with Mr. Zusman on 17 this project? 18 A. Yes. 19 Q. Who else were you working with? 20 A. He was our point of contact for our 21 client. He was our client. He was our client 22 point of contact. 00066 1 Q. Did you have any meetings or 2 conversations with anyone other than Mr. Zusman 3 from the Navy on this project? 4 A. Yes, but I can't recall their names. I 5 believe it was someone with Navy legal. They 6 wouldn't have been separate conversations either. 7 They would have been with Mr. Zusman most likely 8 present. Issue: Mystery Project by Czech

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