Free Motion for Authorization of Service 100+ Miles - District Court of Federal Claims - federal

Case 1:96-cv-00408-LAS

Document 133

Filed 10/01/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INNOVAIR AVIATION, LTD., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) )

No. 96-408C (Senior Judge Smith)

DEFENDANT'S MOTION FOR AUTHORIZATION OF SERVICE OF SUBPOENAS MORE THAN 100 MILES FROM THE PLACE OF TRIAL Pursuant to Rule 45(b)(2) of the Rules of the United States Court of Federal Claims, defendant respectfully requests the Court to enter an order authorizing the issuance of subpoenas to compel the following proposed trial witnesses to travel more than 100 miles to testify at the trial in this matter, which is scheduled to begin on October 17, 2007, in Washington, DC. The witnesses for whom defendant requests authorization for the issuance of subpoenas include: (1) Fred Johnson 231 Green Harbor Road Old Hickory, TN 37178 Thomas Weigt President Basler Turbo Conversions 255 West 35th Ave. Oshkosh, WI, 54903-2305 Randy Myers Basler Turbo Conversions 255 West 35th Ave. Oshkosh, WI, 54903-2305

(2)

(3)

Case 1:96-cv-00408-LAS

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(4)

Raymond E. Stone 94 Shepherd Road West Hartford, CT Michael Hintze 18 Welle Drive Oshkosh, WI 54902

06110

(5)

(6)

Thomas Fraker 8425 E. Kalil Dr. Scottsdale, AZ 85260 David T. Thompson Deloitte & Touche, LLP 350 South Grand Avenue Los Angeles, CA 90071

(7)

Good cause exists for the issuance of subpoenas for these individuals, who are listed on defendant's witness list filed pursuant to Appendix A of the Court's rules. These individuals

are expected to be called as witnesses by defendant, and their presence at the trial may be necessary for defendant to present its case. These witnesses are not employees or agents of

defendant, and they reside and are employed at least 100 miles away from Washington, DC. Accordingly, defendant respectfully requests the Court to authorize the issuance of subpoenas to require Mr. Johnson, Mr. Weigt, Mr. Myers, Mr. Stone, Mr. Hintze, Mr. Fraker, and Mr. Thompson to travel to the place of trial.

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Case 1:96-cv-00408-LAS

Document 133

Filed 10/01/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ Jeanne E. Davidson by Bryant G. Snee JEANNE E. DAVIDSON Director OF COUNSEL: BRIAN EDMUNDS Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W Washington, D.C. 20530 /s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, DC 20530 Telephone: (202) 616-8278 Attorneys for Defendant October 1, 2007

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Case 1:96-cv-00408-LAS

Document 133

Filed 10/01/2007

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CERTIFICATE OF FILING I hereby certify that on this 1st day of OCTOBER, 2007, a copy of this "DEFENDANT'S MOTION FOR AUTHORIZATION OF SERVICE OF SUBPOENAS MORE THAN 100 MILES FROM THE PLACE OF TRIAL" was filed e1ectronically. I understand that notice of this filing will be

sent to all parties by operation of the Court's electronic filing system. system. Parties may access this filing, through the Court's

/s/ Sheryl L. Floyd