Free Response - District Court of Federal Claims - federal

Case 1:96-cv-00222-FMA

Document 103

Filed 05/30/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS R.P. WALLACE, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 96-222C (Judge Allegra)

DEFENDANT'S REPORT REGARDING DISCOVERY In accordance with the Court's order, dated May 7, 2003, as amended, defendant respectfully submits this report regarding discovery. The daily reports created by plaintiff for the period of November 22, 1994, through December 14, 1994, which defendant previously thought to be missing from its files, but which were found after the close of discovery (see Declaration of Michael F. Kiely, dated May 30, 2003), were not responsive to any discovery requests of plaintiff because plaintiff, as it itself stated in its report, dated May 16, 2003, did not submit to defendant in the course of this litigation any requests for the production of documents. Respectfully submitted, ROBERT D. McCALLUM, JR. Assistant Attorney General DAVID M. COHEN Director s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

Case 1:96-cv-00222-FMA

Document 103

Filed 05/30/2003

Page 2 of 2

OF COUNSEL ELLEN M. EVANS, ESQ. Department of the Navy Washington, DC 20374

s/Michael F. Kiely MICHAEL F. KIELY Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification Unit 1100 L St., NW, 8th Floor Washington, D.C. 20530 (202) 305-7572 Attorneys for Defendant

Date: May 30, 2003

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