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Case 1:95-cv-00650-LSM

Document 137-11

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EXHIBIT I

Case 1:95-cv-00650-LSM

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Document 137-11

Filed 05/28/2008
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FILE

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ALFRED ALOISI, et aI.,

Plaintiffs,

) ) )

)
) ) ) )
)

THE UNITED STATES,
Defendant.

95-650L Judge Lawrence S. Margolis
No.

DEFENDANT'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFFS

Pursuant to Rules 26,33, and 34 of

the Rules of

the United States Cour of

Federal Claims, plaintiff

is hereby requested to respond in writing and under oath withn thirty

(30) days from service to the following:

GENERAL INSTRUCTIONS
i. These interrogatories and requests for production of documents call for all relevant
information (including information contained in or on writings, recordings, photographs or any
other material) known or available to plaintiff(s), including aU information in the possession of
plaintiffs' attorneys, consultants, accountants, auditors, or other professional persons or experts,

or investigators, or any other person acting on behalf of or under the direction or control of
plaintiffs or plaintiffs' attorney.
II. These interrogatories and reque~ts for production of docuient;:;h-;r.~~~;titu;;~;::~.;~~~;1

1 ¡ ...... :.: ! H', 'j .,'j "l ,.; ! II ;- 'I
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1 Ii I' DEPMHMEi\\T or JUS'! ICI: ! ¡~~ !

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Case 1:95-cv-00650-LSM

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contiuing request for infonnation so as to require responses to be supplemented as to (1)
identity and location of persons having knowledge of

these matters; (2) identity, subject matter

and testimony of expert who may be called as witnesses at tral or otherwise relied upon by
plaintiffs; (3) identity of

facts, documents and other inormation or materials relating to these

matters; (4) responses that were incorrect or incomplete when made; and (5) responses that have
been rendered incorrect or incomplete by subsequent developments.

III. As used herein the following terms shall have the following meanngs:
I. "You" or "your" refers to any or all plaintiffs referenced in either or both of the

complaints fied in the above-captioned actions, either individually or collectively, and all other
offcials, employees, agents or representatives of plaintiff( s).
2. "Person" means and includes, in the plural as well as in the singuar' and the

maculine or the feminine, any natural person, fir, association, parership, corporation,
governenta entity, or any other entity, including all representativ~s of any such person(s).

3. "Expert" means any person with scientific, technical or other specialized
knowledged whose information you have

considered in preparation for the commencement of, or

during the course of, tÌis lawsuit, whether or not this person wil be called as a witness durng

the trial of this action.
4. "Document" is used in the broadest sense of

that term, and includes, but is not

limited to, any printed, typewritten, or handwrtten matter, including without limitation, letters,

memoranda, telegrams, cables, facsimiles, report, chars, business :records, personal records,
maps, pamphlets, handwritten notes, minutes of meetings, notes of meetings or conversàtions,

cataogues, written agreements, and any carbon or photostatic copies of such material if plaintiff
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does not have control or possession of the originaL "Document" also includes any "wrting" as
that term'is defined in Rule 1001(1) of the Federal Rules of

Evidence. "Document" also includes

information stored by a computer or on a computer disk, or other form of computer memory

storage, as well as any electronic recording, tape recording, photograph, video, film, microfim,
microfiche, or similar recording of words, images, sounds, pictures, or information of any kind.
"Document" also includes any and all amendments or supplements to any of

the foregoing,

whether prepared by plaintiff(s) or any other person.

5. "Oral communcation" means and includes any face-to-face conversation,
meeting, conference, telephone conversation, telephone conference, and communication by the
use of any medium other than writing.

6. A request for the identification and description of a document shall be deemed
to include a request for the following information with respect to that document:

A. The title of the document with suffcient paricularty to enable
the same to be identified;
B. The nature of

the document (~contract, letter, etc.);

C. The date of the document;
D. The date the document was executed, if different from-the date
it bears;

E. The identification, in the maner described in paragraph i i
below, of each person or entity to whom the document is addressed or to whom
copies were sent;

F. The identification, in the maner described in paragraph i 1
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below, of each person who signed the document or over whose name it was
issued;

G. Any file number or other identifying information used in
connection with the document;
H. The physical descnption of

the document, including the

number of pages;

i. The present location of the onginal of the document;

J. The identification, in the maner set fort in paragraph 11
below, of all persons having possession, custody, or control of the original of

the

document;

communication:
A. The

identification, in the maner descnbed in paragraph i i

below, of each person who paricipated in or heard any par of said
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communications;

B. The date of the communication;
C. The medium

used for such communication (e.g., in person, by

telephone, etc.);
D. The substace of

what was said by each person paricipating in

the communication; and

E. The identification, in the maner descnbed in paragraph 9

above, of each document which records, sumarizes, confirms or in any maner
refers to the communcation.
8. A request for the identification of a person ,shall be deemed to include a request
for the following information with respect to that person:

A. His full name;
B. His address (business or residence);
C. His telephone number (business or residence);
D. His present employer and occupation or business; and

E. His employer and occupation or business on the date on which
the facts or transactions referred to occured and the capacity in which he was
then serving.

9. A request to state all facts upon which a response to an interrogatory is based
includes a request to:

A. Identify each fact, circumstance, event, or information upon
which you base that response;
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B. Id~ntify ~d describe each document upon which you base tht
response;

canot so answer.

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Dated: October 24, 1997.

Respectflly ~ubmitted,

SUSAN V. COOK General Litigation Section
Environment & Natual

~ý~
Box

Resources Division Deparent of Justice
P.O.

663

Wasmngton, D.C. 20044-0663

(202) 305-0470 Fax (202) 305-0506

31

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CERTIFICATE OF SERVICE
I here certfY that a copy of the foregoing:

DEFENDAN'S FIRT SET OF INTERROGATORIES AN REQUEST FOR PRODUCTION OF DOCUNTS TO PLAITIFFS
has been served upon counsel by United States first-cl~s mail, postge prepaid, properly
addressed, ths 24-tay of

October, 1997, to:

Lawrence G. McBride Freedman, Levy, Kroll & Simonds 1050 Connecticut Ave., N.W., Ste. 825 Washington, D.C. 20036

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FELECIA LESESNE