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

Case 1:95-cv-00650-LSM

Document 107

Filed 12/12/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ALFRED ALOISI, et al., Plaintiffs v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

No. 95-650L Hon. Lawrence S. Margolis

MOTION TO COMPEL THE APPEARANCE OF PLAINTIFF JAMES KENDLE AT DEPOSITION Pursuant to Rule 37 of the Rules of the Court of Federal Claims, Defendant, the United States of America, hereby moves for an order compelling Plaintiff James Kendle to appear at deposition. The United States previously moved to compel the appearance of Plaintiffs Energel, Inc. ("Energel") and Dynatech Corporation ("Dynatech") when Plaintiffs were unable to designate an individual to testify on behalf of either of those parties. See Def.'s Mot. to Compel, dated Nov. 30, 2007 (Docket No. 105). That motion currently is pending. As we noted in the motion to compel the appearance of Energel and Dynatech, the United States was hopeful that Plaintiffs would make Mr. Kendle available at a deposition, as they are required to do under the Rules of this Court. See id. at 1 n.1. Regrettably, Plaintiffs have been unable or unwilling to make Mr. Kendle available for deposition, requiring Defendant to file this motion. As discussed below, counsel for the United States has made good faith efforts to resolve this matter informally with Plaintiffs' counsel, without success. See RCFC 37(a)(2)(B). Accordingly, the United States moves to compel the appearance of Plaintiff James Kendle at deposition. If Plaintiffs are unable or unwilling to make Mr. Kendle available, the United States respectfully requests that the Court order such relief that the Court deems just and appropriate, pursuant to Rule 37 of the Rules of the Court of Federal Claims. / See RCFC 37(d). Plaintiffs' counsel, Mr. McBride, informed counsel for Defendant that he spoke with Mr. Kendle during the latter half of November, 2007, and indicated that Mr. Kendle is considering
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Case 1:95-cv-00650-LSM

Document 107

Filed 12/12/2007

Page 2 of 4

Based on Alfred Aloisi's and Candis Potter's (formerly known as Candis Aloisi) deposition testimony, it appears that Plaintiff Kendle did not know about this action ­ or the fact that he was named as a plaintiff ­ until recently. See Aloisi Tr. at 6 (Oct. 31, 2007) (testifying that he had not spoken to Mr. Kendle since 1991, that Plaintiff Aloisi was "not certain" if Mr. Kendle knows that he is a plaintiff in this action, and that Plaintiff Aloisi did not send a copy of the Complaint to Mr. Kendle) (excerpts are attached, hereto, as Ex. A); see also Potter Tr. at 5556, 61 (Nov. 16, 2007) (referring to plaintiffs' document A-181, a March 11, 1994 Notice of Labor to Delinquent Co-Owner, and testifying that her only contact with Mr. Kendle was mailing a copy of the notice letter to Mr. Kendle, and testifying that should could not recall sending a copy of the Complaint to him) (excerpts are attached as Ex. B). / Counsel for the United States, therefore, has serious concerns about why Mr. Kendle may be refusing to appear at a deposition. It is clear that Mr. Kendle is likely to have information relevant to the issues involved in this case. Mr. Kendle apparently co-owned at least some of the mining claims at issue with Plaintiff Aloisi and, between Plaintiffs Alfred Aloisi and James Kendle, Mr. Kendle was more responsible for keeping Liberty Mining, Inc.'s books. Ex. A at 29-30, 104-105. Accordingly, Mr. Kendle is likely to have information relating to Plaintiffs' investment-backed expectations, and other factors that must be considered in a regulatory takings case such as this. See Penn Central Transp. Co. v. New York City, 438 U.S. 104, 124 (1978). Defendant tried unsuccessfully to resolve this issue in good faith with Plaintiffs' counsel prior to bringing this Motion to Compel. After issuing a Notice of Deposition of James Kendle being voluntarily dismissed. Dismissing Mr. Kendle without affording the United States an opportunity to depose him, however, would be prejudicial to Defendant because he likely has relevant information as discussed below.
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See also Ex. A at 53-54, 58 (Plaintiff Alfred Aloisi testifying that Document A-181 is a "Notice of Delinquency to a Co-Owner on Proof of Labor"). -2-

Case 1:95-cv-00650-LSM

Document 107

Filed 12/12/2007

Page 3 of 4

on October 15, 2007 (see Ex. C), Plaintiffs' counsel informed counsel for Defendant on October 25, 2007, that he had not been able to reach Mr. Kendle. See E-mail from Lawrence G. McBride to Bruce K. Trauben (Oct. 25, 2007) (attached as Ex. D). By that time, the parties had agreed to depose available witnesses in Yreka, California during the week of October 29, 2007, although Plaintiffs' counsel still could not find Mr. Kendle. After the conclusion of the depositions in Yreka, Mr. McBride wrote to counsel for Defendant on November 5, 2007 stating that he was working on the availability of the other witnesses for whom Defendant had issued a notice of deposition. See Letter from Lawrence G. McBride to Bruce K. Trauben at 2, with cover E-mail (Nov. 5, 2007) (attached as Ex. E). To assist Plaintiffs' counsel in locating Mr. Kendle, Defendant conducted a computer-based search and forwarded Mr. Kendle's address electronically to Plaintiffs' counsel. See E-mail from Bruce K. Trauben to Lawrence G. McBride (Nov. 7, 2007), with attachment (attached, hereto, as Ex. F). Counsel for Defendant sent an e-mail and letter to Plaintiffs' counsel on November 9, 2007, suggesting that Defendant may need to bring a motion to compel, if Mr. Kendle were not soon made available for a deposition. See Letter from Bruce K. Trauben to Lawrence G. McBride (Nov. 9, 2007), with E-mail (attached as Ex. G). Plaintiffs' counsel notified counsel for Defendant on November 12, 2007, that he had spoken to Mr. Kendle's brother and hoped to hear soon from Mr. Kendle, who apparently was living in a mobile home with no fixed address. See E-mail from Lawrence G. McBride to Bruce K. Trauben (Nov. 12, 2007) (attached as Ex. H). Soon after the Thanksgiving holiday, Plaintiffs' counsel verbally informed counsel for Defendant that he had spoken to Mr. Kendle, and that Mr. Kendle was to make a decision by Monday, December 3, 2007 regarding whether to remain a Plaintiff in this action. Counsel for Defendant wrote to Plaintiffs' counsel on November 29, 2007, stating that while Mr. Kendle may decide that he wants to be dismissed from this action, Defendant still intends to depose him. See E-mail from Bruce K. Trauben to Lawrence G. McBride (Nov. 29, 2007) (attached as Ex. I). -3-

Case 1:95-cv-00650-LSM

Document 107

Filed 12/12/2007

Page 4 of 4

Counsel spoke again on December 4, 2007, but Plaintiffs' counsel had not yet heard back from Mr. Kendle, precipitating this motion. For the foregoing reasons, pursuant to Rule 37, the Court should therefore issue an Order compelling Plaintiff James Kendle to appear at deposition. If Plaintiffs are unwilling or unable to make Mr. Kendle available for deposition, then the Court should grant such relief as it deems appropriate and just under the circumstances. Dated: December 12, 2007 Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division s/ Bruce K. Trauben BRUCE K. TRAUBEN Natural Resources Section Environment and Natural Resources Division U. S. Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 (202) 305-0238 (ph) (202) 305-0267 (fax) Attorney for Defendant

Of Counsel: William Shapiro Natural Resources Section Environment and Natural Resources Div. U.S. Department of Justice 501 I Street, Suite 9-700 Sacramento, CA 95814-2322 (916) 930-2207 Rose Miksovsky, Esq. Office of General Counsel U.S. Department of Agriculture 33 New Montgomery St., 17th Fl. San Francisco, CA 94105-3170

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Case 1:95-cv-00650-LSM

Document 107-2

Filed 12/12/2007

Page 1 of 15

EXHIBIT A

--Case 1:95-cv-00650-LSM
Alfred Aloisi

...

..

Document 107-2

Filed 12/12/2007

Page 2 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
ALFRED ALOISI

et al.,

Plaintiffs,
vs.
UNITED STATES OF AMERICA
No. 95- 650L

Defendants.

DEPOSITION OF ALFRED ALOISI

Wednesday, October 31, 2007

9:20 a.
20

Reported By:

CRAIG W. WOOD , RPR , CSR No. 9789

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

Page 3 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 2

APPEARANCES

For the Plaintiffs: FOLEY & LARDNER Washington Harbour 3000 K Street, N. W., Suite 500 Washington , DC 20007- 5101 (202) 295- 4017 LAWRENCE G. McBRIDE

BY:

For the Defendant: DEPARTMENT OF JUSTICE

Environmental & Natural Resources Division
601 D Street, N. Washington , DC 20004 (202) 305- 0238 BRUCE K. Trauben

BY:

Also Present:

Thomas Ferrero

Hil ton Cass
- - - 000 - - -

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

---

,'

Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

Page 4 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 3

INDEX

EXAMINATION BY:

Page

Mr. Trauben

EXHIBITS
FOR THE DEFENDANT'S:

Qui tclaim Deed

Tax Assessor Cards Document
Let ter

129 131

- - - 000 - - -

0 '

CRAIG WOOD REPORTING Redding, California (530) 244- 0789

----Case 1:95-cv-00650-LSM
Alfred Aloisi

;. , ;

--

Document 107-2

Filed 12/12/2007

Page 5 of 15
October 31

Alfred Aloisi v. United States of America

2007

Page 4

BE IT REMEMBERED that on Wednesday, October 31

9:20 a. m., of said day, at the offices of Klamath National Forest, 1312 Fairlane Road, Yreka, California, before me, Craig W. Wood, a Certified Shorthand Reporter in and for the State of
2007 , commencing at the hour of
California, there personally appeared

ALFRED L. ALOISI,

who, being first duly sworn by me to tell the truth, was

examined and testified as

follows:
000-

EXAMINATION

BY MR. TRAUBEN:

will you please state your name for the record.

Alfred L.
Yes,
I do.

Aloisi.

And you go by

Fred?

As you know , my name is Bruce

Trauben.

represent the Uni ted States, the defendant in

this

action.
Yes, Bruce, I ve made your acquaintance. I 11 have some questions for you today. And
just as an overview of what we

I re going

to do

going to ask you some general questions about
the plaintiffs are " and the status of the

today, the - -

who

plaintiffs.

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

;'"

,,:

.. --

-- ' -- ". '

- - --Filed 12/12/2007 Page 6 of 15

, ....

. , .. -

Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Alfred Aloisi v. United States of America

October 31 ,

2007

Page 5

We I 11

go into the property interest of the

plaintiffs.
to give

The knowledge of the owl.

We'll talk about the various

components that go into a takings
you an overview of what we

case. So just I 11 be discussing.
into your prior

Thank you.

And, a so, we I 11 get

deposition I have some discovery responses. Very well.

follow- up questions and some

I understand from discussions wi th

your

at torney, Mr.
Yes,

McBride, that Mr. Goodman has passed away.

he has.
And I '

And do you know when?

Approximately three, f our years ago.
not certain of the exact

date.
ago.

When did you learn of his passing?

I would say three years

Do you know , was it sudden , hi s

death?
Don

No.

It was

I believe his heal

deteriorated over a considerable period of
was diabetic and he had other

time. problems, as well.

Do you know whether his estate is still in

probate?
I do not know.

Do you know who is representing his

estate?

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

Page 7 of 15
October 31 , 2007

Alfred Aloisi v. United States of America

Page 6

I do not.

Do you know where Mr. Kendle is located?
I don
I t

know for

certain. Although,

I had

someone tell me that they thought he might be in

Portland.
What was the last time you spoke to Mr. Kendle.

1991.
this action?

May the

5th.

Does Mr. Kendle know that he' s a plaintiff in

m not

certain.
complaint?

Did you send him a copy of the

No, I did

not.

Do you know whether anyone else sent him a copy
of the complaint?

I have no knowledge of

that.
Do you know

Just to clarify my last question.

whether he saw a draft of the complaint before it was

filed?
I don' t believe

so.

I last saw him in '91 and

the complaint was filed in '95.
Do you know the status of Dynatech
Dynatech and Capricorn are both in
Is Capricorn a plaintiff?
I don

today? bankruptcy.

believe so.

I t know if Capricorn is listed. I don't Perhaps it was. Dynatech , Capricorn, yes.
CRAIG WOOD REPORTING (530) 244- 0789

Redding, California

-Case 1:95-cv-00650-LSM
Alfred Aloisi

--Filed 12/12/2007 Page 8 of 15
October 31 ,

Document 107-2

Alfred Aloisi v. United States of America

2007

Page 28

the claims once they went open for location upon

Mr. Patterson I s untimely demise.
I don't understand how Mega Gold had an

interest in the mining

claims.

DO you understand

it?

By virtue of -- of Mega Gold?

By virtue of a

lease.
A lease wi th
Kendle.
MR. McBRIDE:
whom?

Mega Gold had a lease with myself and Jim

To try to keep the record

clear,

is this the lease

or this is what you testified as a

predecessor to the lease under which that occurred?
THE WITNESS:

This was the Mara Venture'

s --

yes.

This is the predecessor lease to
MR. McBRIDE:

that.

Okay.

Tying them together

Mr. Trauben.

BY MR. TRAUBEN:

So this, then , was after you had staked your claims in Eddy Gulch?

Correct.
Okay.
So can you explain Mara Ventures to me?
Who formed Mara Ventures?

Mara Ventures was a Washington corporation

that

was, I guess,

U. S. company that Mr. Robert Pincomb and

one other person that was involved wi th
CRAIG WOOD REPORTING (530) 244- 0789

them there

Redding, California

-.

--- Document 107-2 Filed 12/12/2007 Page 9 of 15
October 31 ,

Case 1:95-cv-00650-LSM
Alfred Aloisi

Alfred Aloisi v. United States of America

2007

Page 29

from Canada, that had an agreement wi th Mr. Pat terson
for many years.

And they had carried out some exploration with
a company by the name of New Cinch Uranium, which was

the 1977,

'76 drilling program that was done there

the properties.

At some point did you qui tclaim your interest
in the mining claims to Mara Ventures?

Yes.

I think we

did.
I say that wi th some

Did you -m going to say

uncertainty.
Ventures.

I m not certain we qui tclaimed it to Mara

It' s been a long time.
That'
s fair enough.

m not quite

certain.
Mr. TRAUBEN:

May we have this

marked, please,

as Exhibi t 1 to today ' s deposi tion.

(Defendants' Exhibi t 1 was marked.

BY MR. TRAUBEN:

Okay.

Mr. Aloisi

I m going

to hand you what '

been marked as Exhibi t

1 to your deposi tion today.

that a qui tclaim deed from you and Jim Kendle to Mara

Ventures?
2"4

Yes,

it is.
Redding, California

In that transaction, are you quitclaiming all
-u

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

Page 10 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 30

your interest in the listed mining

claims?

Yes, we are.
What' s the date of that?
July 23rd.

And the year is obscured.

Let'

see if I can find it someplace

else.
1988.

m sorry, dated April 12

Did you and Mr. Kendle at some point reacquire

an interest in the mining

claims?

Yes, we did.
And when was that? I m not certain of the exact year , but Well

,I

Mara Ventures received $50 000 through the law firm

Jacobson ,

Jewett & Turoff of Medford and deeded back all The Patterson estate also

interest in the properties.

received $50, 000, as did Ruth Markon as per my prior

agreements.

Even though the claims had come up

open.

Do you know whether plaintiffs have produced
the deed from Mara Ventures back to the plaintiffs?

It'

s here.

I believe we

I ve j

ust given

you

those documents.

Do you know what tab number that was produced

as?
Pardon?
Do you know under what tab number?

Let'

s see here.

We 11,

m looking at A- 180,

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

Page 11 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 53

Yes, it does.
And your recollection is that you did intend to
lease the placer claims?

It appears I did lease the placers.

And that was your intent to lease all the
placer claims to WAZCO?

I don't know if it was my

intent.

m just

ying that we did lease all of them to them.

Okay.

And all the lode claims, as well?

That was my

intent.

And that' s what this document effectuated?

Yes, sir. We are done wi th that for the time being.
Can you take a look at A- 181 that was recently
produced by plaintiffs.

Yes.
Take a moment and look that

over.
document.

Yes,

I have.

m familiar with this

And what is this document? This is a Notice of Delinquency to a Co- Owner

on Proof of

Labor.

It'

s advertising someone out of a

claim.
And that person is Mr. Kendle?
Kendle Trucking, John Kendle and James
James Kendle, one of the plaintiffs?

Kendle.

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

Page 12 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 54

Yes.

That'
Yes,

s wi th respect to the lode and placer

claims listed on the front page of that exhibit?

sir.
mentioned, the

And in this document are you and Candis

asserting that the entities you just

individuals on Kendle Trucking, failed to contribute
their share of assessment work?

Correct. What is " assessment work"?
Assessment work is work that has to be

performed on a mining claim in the form of labor, $100

labor ,

in order to meet your annual requirements in

order to hold those

claims.
If I may,

MR. McBRIDE:

Bruce,

I think these

questions are subj ect to the same understanding or a
flip side understanding as our questions to Forest
Service people.

This is not a legal conclusion, but

understanding of what the requirements of the law may be

or how the law

works.

MR. TRAUBEN: MR. McBRIDE:

Exactly.
Thank you.

BY MR. TRAUBEN:

That'

s your understanding of what assessment

work is?
CRAIG WOOD REPORTING (530) 244- 0789

Redding, California

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

Page 13 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 58

my best to

answer. No. That I s fine.
Do you know whether Mr. Kendle' s interests

actually were extinguished in the mining

Certainly hope

so.

We recorded

claims? the documents.

And it'

s just a matter of course as your

understanding that once you submi t the documents and the

notice is posted, that his interest then extinguishes
after the response?

Yes.

wi thin a certain period of

time.

Tha t ' s

my understanding.

And it

is your understanding that he did not

respond?
That I S my understanding.
MR. TRAUBEN:

Go off the record a

second.

(Off the record.

BY MR. TRAUBEN:

Back on the

record.

Do you still have the notebook, if you could

take a look at Forest Service Document 147.

Yes, sir.
And that should be a lease and option agreement

between you and Don Goodman, the lessor and Liberty

Consolidated Mines as the

lessee?

Yes.

And if

you flip back to the second to the

last

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

Page 14 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 104

Liberty Mining,

Inc. has?

It'
provided.

s the only one I have at this

time.

There were others?
No.
This is the only one that I have.
Were there others generated?

Currently.

Yes. I think this that we have left of those documents, though. When was Liberty Mining formed? I believe it was -- about 1990. , 89,
I would believe

so.

is all

there. Incorporation here. If I
'90, somewhere in
let you know.

We have Articles of

could

ok at them, I could

Okay.

April '89,

But just because this begins with it was sometime before April 189?

I would think

so.

Yes.

And this is the company' s register?

Yes, sir. Okay. Do you recognize any of the handwri
in the register?
I do.

ting

I certainly

do.

And is that -- any of that your handwriting?
It is not.

Whose handwriting is that?

Jim Kendle '

Oh, there is one piece

here.

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

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--Document 107-2 Filed 12/12/2007 Page 15 of 15
October 31 ,

Case 1:95-cv-00650-LSM
Alfred Aloisi

Alfred Aloisi v. United States of America

2007

Page 105

line

check number 1006, Economy Plywood, that kind of

looks like my handwriting.

Maybe not.

Guess not.

Between the two of you
Oh, and the top one here to Alfred Aloisi for
$20 is my handwri

ting.

between the two of you, you and Mr. Kendle,

was Mr. Kendle more responsible for keeping the books?

Correct.
Do you know whether these

Excuse me one second. Sure.
m not sure if it was exactly at this same
time, but approximately at this same time, we hired an

accountant here in Medford by the name of Clay

Vanderbrick,

I think it was, that was doing our books

and issuing checks to our

crew.

And I believe that

would supplement

this.

It might have been shortly after

these, might have been the next

That'

s what I was going to get

to.

Can you

take a look at A- 164.

You can leave the handwri

t ten one

available.
Okay.
Was the document plaintiffs produced at A- 164

prepared by the accounting firm that you
I believe

hired?

so.
CRAIG WOOD REPORTING (530) 244- 0789

Redding, California

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 1 of 8

EXHIBIT B

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 2 of 8
Page 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
ALFRED ALOISI

et al.,

Plaintiffs,
NO:

vsUNITED STATES OF AMERICA,

95- 650L

Hon. Lawrence S. Margolis

Defendant.

DEPOSITION OF CANDIS C. POTTER November 16, 2007 2:06 p. m. to 3:54 p. Suite 630, 500 S. Main Las Cruces, New Mexico

PURSUANT TO THE FEDERAL RULES OF CIVIL
PROCEDURE , this deposi tion was:

TAKEN BY:

BRUCE K. TRAUBEN, ESQ. ATTORNEY FOR DEFENDANT

REPORTED BY:

ANNE C. HALLETT, RPR

CCR #16
Jones Reporting Services, LLC 500 South Main Street, Suite 630 Las Cruces, New Mexico 88001- 1237

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 3 of 8
Page 2

APPEARANCES

For the Plaintiff: FOLEY & LARDNER , LLP ashington Harbour 3 0 0 0 K. S t r e e t, NW , Sui

t e 5 00

Washington, DC 20007

BY: LAWRENCE
For the Defendant:

202- 295- 4017

G. McBRIDE , ESQ.

U. S. DEPARTMENT OF JUSTICE

Natural Resources Section Environment and Natural Resources Division P . O. Box 663 Washington , DC 20044- 0663

BY: BRUCE

202- 305- 0238
K. TRAUBEN, ESQ.

at the end of a sentence denote an incomplete thought or sentence.

Ellipses points (... )

TRANSCRIPTION NOTE:

A dash (- -)

indicates an interruption of speaker or

a change of thought. (sic)" means "thus" or " so. If the attorney or deponent misuses or mispronounces a word, " used to show it is not the reporter I s error.

(sic)" is

22

New Mexico driver' Mr. Trauben.

The deponent I s identification

REPORTER'S NOTE:

s

was verified from a license per request of

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 4 of 8
Page 3

INDEX
PAGE

CANDIS C. POTTER

Examination by Mr. Trauben Examination by Mr. McBride

Reporter I S Certificate
EXHIBITS

EXHIBIT

DESCRIPTION
98 Marital Settlement Agreement

PAGE

14- 93 Quitclaim Deed
(Exhibits Attached to Original & Copy Depositions.

REQUESTED/OFFERED ON THE RECORD
REQUEST NO.
PAGE

LINE

No. No.

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 5 of 8

CANDIS C. POTTER - November 16 2007 Examination by Mr. Trauben

Page 4

CAND IS C. POTTER,

having been first

duly sworn, testified as
EXAMINATION

follows:

(By Mr. Trauben)

Can you please state your

full name for the

record.

Candis Carolyn Potter.
And are there other names by which you
have gone by?

Aloisi.

Candis Aloisi , or Candis

Any others? Candis Blanchard. And is Pot ter" your maiden name? Yes, is.

it

Just for the record, my name is Bruce

Trauben.

I represent the United States in the

matter of Aloisi, et

al., versus

the Uni ted States.

Also on the telephone is counsel for Plaintiff

Lawrence McBride.
room wi th

And there'

s nobody else in the

me, and I understand there I s nobody else
MR. McBRIDE:

in the room wi th Mr. McBride.

That I S correct.

And there' s nobody else on the telephone except the wi tness and counsel. So I don' t know if
you' ve been deposed

before, but I'll
tion.

just briefly go

over the rules for a deposi

I '11 ask the

,". ,

- -

- , ,,- . '
Document 107-3 Filed 12/12/2007
CANDIS C. POTTER - November 16 2007 Examination by Mr. Trauben

..

:::.

Case 1:95-cv-00650-LSM

Page 6 of 8

Page 55

Okay.
the upper right

Can you go to the document that in

- - it' s kind of faint, but it'
It'

written in as A181, and it has -- in the lower
right, it has numbers CLEF002522 , or 2525.

dated March 11, 1994.
THE COURT REPORTER:

She has

it.

Okay.
Would you like to take a moment to look
this over?

All right, I know this
Wha t

document.

is it?

It I S advertising
was required each year.
pay for anything.

Kendel out, because he

didn't contribute to any of the assessment work

that

You know , he didn't help

And on the second page on the lower
is that your signature?

right,

Yes, sir.
Do you recognize Fred'
s signature on the

left?
Yes,

sir.

And then on the next page, is that your
signature, also?

Yes, sir.
Did you have any conversations wi
-- C,
-c .

-Case 1:95-cv-00650-LSM Document 107-3 Filed 12/12/2007 Page 7 of 8
CANDIS C. POTTER - November 16 , 2007 Examination by Mr. Trauben

Page 56

Mr. Kendel about this debt that you and Fred claimed
he owed?

Not me personally,

no,

sir.

And do you know whether Mr. Kendel
responded to this notice?
Not to my knowledge.

Do you know where Mr. Kendel is

today?

No, sir.
When was the last time you had contact
wi th

him?
I don' t know that

I have had contact wi

him other than mailing him this
You never met him in
Not to my knowledge.

letter.

person?

Then on the second page, where
identifies the value of work done in

various years,

1991 through

1993 -were you on the

Uh- huh.

si te when

the work was

done?
'92 and '93, I was.

Most assessment works

are due in August of the year , and I was not there

in August of '91.
But you were there sometime
right, you didn't

- - oh ,

that'

corne on until

December.

So the

,- . .:-

-

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 8 of 8

CANDIS C. POTTER - November 16 2007' Examination by Mr. Trauben

Page 61

And my final question ,

Ms.

When -but real

Or, actually, it'
quick.

s a couple

Potter , is: of questions,
complaint

Did you help prepare the

in this action?

Are we talking about this document that'
in front of me, or are you talking about something

else?
If you have a document enti

tIed

Complaint" in front of you.

No.

The one I have in front of me is the

Intent to Seek Release of a Performance Bond.

Okay.

We' re on to a different

document.
t,

m on to the complaint that

ini tiated this lawsui

the formal document that was filed in the Court of

Federal Claims.
No,

sir, that
okay.

was done

Mr. McBride.

Did you

any chance send

copy

this

Mr. Kende 1

I don't

recall.

Larry might.

MR. TRAUBEN:
this time.

No further questions at

If Mr. McBride opens up some topic I may

need to follow up on , then I'll jump in and ask more

questions.

But right

now, I don't have any
Thank you, Candi s .

MR. McBRIDE:

have just one topic

here.

I need to find the

Case 1:95-cv-00650-LSM

Document 107-4

Filed 12/12/2007

Page 1 of 3

EXHIBIT C

Case 1:95-cv-00650-LSM

Document 107-4

Filed 12/12/2007

Page 2 of 3

IN TH

UND STATES COURT OF FEDERA

CLAIS

ALFRED ALOISI

et aI.

Plaintifs
No. 95- 650L

UNITED STATES OF AMERICA
Defendant.

Hon. Lawrence S. Margolis

NOTIcE OF DEPOSITON OF JAMS KENDLE
PLEASE TAKE NOTICE that, pursuant to CFC Rules 26, 30 and the Scheduling. Order

entered in this action, on Tuesday, October 23, 2007, Defendant shall take the deposition of

Plaitiff James Kendle , commencing at 9:00 a. , and continuing until completed, at the offices
of the Forest Supervisor, KlM1ath National Forest, 1312 Fairlane Road , Yreka , CA 96097 , (530)
841- 4483 , or at another date , time and location as agreed upon by the parties , to be taken under

oath before a duly authorized notar public and/or reporter.
Dated: October 15 ,

2007

Respectfully submitted

1An
UBEN Natural Resources Section Environment and Natural Resources Division U. S. Deparment of Justice
P. o. Box 663 Washington , D. C. 20044-0663 (202) 305- 0238 (ph) (202) 305- 0267 (fax)

BRUCE K.

Attorney for Defendant

Case 1:95-cv-00650-LSM

Document 107-4

Filed 12/12/2007

Page 3 of 3

CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of October, 2007 , a true and correct copy of the

foregoing Notice ofD position of James Kendle was sent electronically and via Federal ?xpress with charges biled to Defendant , to counsel of record for Plaintiffs at the following address:
Lawrence G. McBride , Esq. Foley & Ladner LLP Washington Harbour 3000 K St. , N. , Suite 500 Washington, DC 20007 e-mail: lmcbride foley. com

ce K. Traub n

Case 1:95-cv-00650-LSM

Document 107-5

Filed 12/12/2007

Page 1 of 2

EXHIBIT D

Case 1:95-cv-00650-LSM

Document 107-5

Filed 12/12/2007

Page 2 of 2

Trauben , Bruce ( ENRD
From: Sent:
To:
McBride , Lawrence G. (LMcBride
foley. comJ

Thursday, October 25 20074:10 PM . Trauben , Bruce (ENRD)
RE: Depositions of Mike Lee , Harry Frey and Hilton Cass

Subject:

Bruce,

not reached yet.
machine?

Thanks for info / confirmations for the three. We do not have anyone available other than Aloisi and
I just got your disk, thanks.

great ly .

I I m bringing the A- list docs. Thanks for arrangements on document availability

simplifies things

Ferrero. Kendle

Now, do I have concordance on my

Larry
Original MessageFrom: Trauben , Bruce (ENRD) (mailto:Bruce. Trauben usdoj . gov) Sent: Thursday, October 25, 2007 4:03 PM To: McBride, Lawrence G. Cc: Miller, Shelley (ENRD) Yarbrough, Mariel (ENRD) Subj ect: Depositions of Mike Lee, Harry Frey and Hilton Cass Importance: High

Larry: Mike

risk of repeating, I am making arrangements to have all FS, FWS (admin record) and LCM documents available, including the mineral examination report, as supplemented, and documents recently produced by Defendant. If there is any particular document that you are concerned about being available, please let me know as soon as possible as we I re sending a box (or two) out tonight for delivery Monday a. m. in Yreka. Will plaintiffs have their documents on hand? In a pinch, we 'll have electronic copies Bruce of the documents available to us at the FS

Lee Harry Frey (Tuesday a. m. ) and Hilton Cass (Tuesday afternoon and continuing thru Wed. a. m. if necessary) are confirmed. I' m waiting to hear back from Al Buchter to confirm his availability for Monday a. m. Any word for me on the availability of deponents in addition to Fred and Tom? Also, at the
(Monday afternoon)

office.

For U. S. Mail:

Bruce K. Trauben Trial Attorney Natural Resources Section Environment & Natural Resources U. S. Department of Justice O. Box 663 Washington, D. C. 20044- 0663

Div.

Ph:

Fax:

(202) 305- 0238 (202) 305- 0506

Hand/Overnight Deliveries: Bruce K. Trauben
ENRD /NRS U. S. DOJ

601 D Street, N. W., Rm. 3126 Washington, D. C. 20004

Case 1:95-cv-00650-LSM

Document 107-6

Filed 12/12/2007

Page 1 of 4

EXHIBIT E

Case 1:95-cv-00650-LSM

Document 107-6

Filed 12/12/2007

Page 2 of 4Page 1 of

Trauben , Bruce (ENRD)

Sent:
Bruce , fyi.

From: McBride , Lawrence G. (LMcBride

foley. com)

Monday, November 05 200712:56 PM

To: Trauben , Bruce (ENRD)

Subject: Aloisi et al. v. US - 11/5/07 Letter to Mr. Trauben
Attachments: DOC. PDF

The letter with its attachments/enclosures wil be delivered today.
We are working on the availability of the others you noticed.

Larry McBride
Lawrence G. McBride , Esq. Foley & Lardner LLP
Washington Harbour

3000 K St. , N. , Suite 500 Washington , DC 20007

Imcbride

foley . com

(202) 295-4017 (Direct) (202) 672-5399 (Fax) (202) 672- 5300 (Switchboard)

not

ww. foley. com

The preceding email message may be confidential or protected by the attorney- client privilege. It is intended for transmission to , or receipt by, any unauthorized persons. If you have received this message in error , please (i) do not read it, (ii) reply to the sender that you received the message in error , and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP client(s) represented by the Firm in the particular matter that is the subject of this message , and may not be relied upon by any other part.

Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue , unless expressly stated otherwise the advice is not intended or written to be used , and it cannot be used by the recipient or any other taxpayer , for the purose of avoiding Federal tax penalties , and was not written to support the promotion or marketing of any transaction or matter discussed herein.

11/20/2007

Case 1:95-cv-00650-LSM

Document 107-6

Filed 12/12/2007

Page 3 of 4

FOLEY
FOLEY & LARDNER LLP

ATTORNEYS AT LAW

WASHINGTON HARBOUR
3000 K STREET, N. , SUITE 500 WASHINGTON , D. C. 20007. 5143

November 5, 2007

202. 672. 5300 TEL 202. 672. 5399 FAX www. foley. com
WRITER' S DIRECT LINE

202. 295.4017 Imcbride(1foley. com EMAIL
CLIENT/MATTER NUMBER

304280. 0002

Bruce Trauben , Esq. General Litigation Section Environment & Natural Resources Division U. S. Deparment of Justice P. O. Box 663 , Ben Franklin Station Washington , D. C. 20044
Re:
Discovery and deposition follow-up in

Aloisi. et al. v. United States

No. 95- 650L

(Ct. Fed. Cl.)

BY HAND DELIVERY
Dear Mr. Trauben:

I am following up on a series of document production loose ends from our week in
Y reka.

list" of plaintiffs ' document production , adding A- 179 through A1. I enclose a fresh " 183 , and correcting several entries as indicated here.
2. I enclose a color print of the map displaying the locations of the water samples , one each of the two reports originally produced as A- 27 and FS- , and have revised the entry at A27 to reflect the complete set - two CH2M Hil reports and the site map.

3. I enclose a set ofthe " zoom " maps , thee that go with each primary map at A- 152 , A153 and A- 154. This set contains the labeling you requested during Mr. Ferrero s deposition.
4. I enclose an additional copy of A- 176. On this one I have copied in the text that was so faded on the original fax (on the photo-sensitive , easily light bleached paper of the day). you wish to see the version from which I made the copy in order to confirm the text , let me know.

new A- 183 , the work notes of 2007 Mr. Ferrero used in creating and documenting his Spreadsheets produced as A- 151 , as discussed at his deposition Thursday.
5. I enclose

6. I have provided A- 151 , Mr. Ferrero s spreadsheets 1- , to Craig Wood for him to use in preparng the transcript of your examination of Mr. Ferrero.
BOSTON BRUSSELS CHICAGO DETROIT
JACKSONVI LLE

LOS ANGELES MADISON MILWAUKEE

NEW YORK
ORLANDO

SACRAMENTO SAN DIEGO SAN DIEGO/DEL MAR SAN FRANCISCO SILICON VALLEY

TALLAHASSEE TAMPA TOKYO WASHINGTON , D.

WASH 2108803.

~~~
Case 1:95-cv-00650-LSM Document 107-6 Filed 12/12/2007 Page 4 of 4

FOLEY
FOLEY & LARDNER LLP

Bruce Trauben , Esq.
November 5 , 2007
Page 2

On your side , I would appreciate your sending me the complete current index to the
Forest Service " document series, to which you added the Mineral Report and its attachments
and appendices ,

and perhaps other material. The index I have of the Forest Service document set

ends at FS- 189.

Also , we need to receive the memorandum Mike Lee testified he sent to his superiors at some point after July 23, 1990 (the date ofthe FWS biological opinion), and the related agency fie responding to him , if any - as described by Mr. Lee , the memorandum asked questions about the agency s handling of northern spotted owl issues with respect to mining. So far as I could see , no such document was previously produced in the Forest Service document series; please correct me if! have missed it. Absent production of this material we expect confirmation that there is no such memorandum and agency fie.

Please let me know when you have received and can share the documents you receive from attorney Jerry Jacobson in response to the subpoena you indicated that you served on Mr. Jacobson electronically on Thursday. We recognize there are a number of other issues to treat , including whether you stil wish to depose others among those you noticed. I am working on their availability should you stil wish to do so , and I should have information on that score in the next couple of days. I am stil decided whether we need to subpoena any ex- Forest Service employees among those you indicated would not cooperate with you last week.
Sincerely,

Lawrence G. McBride
Enclosures

WASH 21 08803.

Case 1:95-cv-00650-LSM

Document 107-7

Filed 12/12/2007

Page 1 of 11

EXHIBIT F

Case 1:95-cv-00650-LSM

Document 107-7

Filed 12/12/2007

Page 2 of 11

Trauben , Bruce ( ENRD
From: Sent:
To: Cc:

Trauben , Bruce (ENRD)
Wednesday, November 07 , 20074:49 PM

McBride , Lawrence G.

Shapiro , William (ENRD)
James Kendle , Plaintiff
James Kendle report. htm

Subject:

Attachments:

Larry: Attached is a Lexis report showing a current address for James N. Kendle in Portland , OR. I have not attempted to contact him - no phone number for James Kendle is provided with the report. The report , however , does provide phone numbers for relatives and neighbors , so I assume it would not be difficult to get James ' phone number. Also , his phone number may be obtained for a fee from other internet services such as Intellius. Please let me know whether I may contact Mr. Kendle , directly, or whether you will. Thanks. Bruce

PS: Donald Moore finally accepted service of the subpoena today - I don t know whether you spoke with him and encouraged him to accept service but , if so , thank you. Bruce

James Kendle

report. htm (82 KB...

For U. S. Mail

BruceK Trauben
Trial Attorney Natural Resources Section Environment & Natural Resources Div. S. Department of Justice O. Box 663 Washington , D. C. 20044- 0663
Ph: (202) 305- 0238

Fax: (202) 305- 0506
Hand/Overniqht Deliveries: Bruce K. Trauben ENRD/NRS S. DOJ 601 D Street , N. , Rm. 3126 Washington , D. C. 20004

Case 1:95-cv-00650-LSM

Document 107-7

Filed 12/12/2007

Page 1 of9 Page 3 of 11

FOR INFORMATIONAL PURPOSES ONLY

Copyright 2007 LexisNexis,

a division of Reed Elsevier Inc. All rights reserved
The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies , it should be independently verified. For Secretary of State documents , the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state s Department of State.
Important:

Your DPPA Permissible Use is: 3. Government Agency Your GLBA Permissible Use is: 2. Legal Compliance
Others Using SSN (0)

Address Summary (12)
Real Property Assets (0)

Voter Registrations (0)

Licenses (2)

Personal Property (0)
Potential Relatives (5)

Associated Entities (2)

Bankruptcy Information (0) Neighbors (10)

judgments/Liens (0)
Source Data (14)

UCC Liens (0)

Full Name
KENDLE , JAMES N

Address
8585 SW CANYON LN APT 35 PORTLAND , OR 97225- 3973

County
WASHINGTON

ADDITIONAL PERSONAL INFORMATION
SSN 542- 62- XXXX
(OREGON: 1966- 1967)

DOB

03/1954
(Age: 53)

Name Variations
1:

KENDLE , JAMES N

SSNs Summary
# SSN State Iss. Most frequent SSN attributed to subject:
1:

Date Iss.
1966- 1967

Warnings

542- 62-

XXXX

OREGON

DOBs
Reported DOBs:

03/1954

Address Summary - 12 records found for subject.
# Address

1: (Current)
8585 SW CANYON LN APT 35
PORTLAND , OR 97225- 3973 COUNTY: WASHINGTON

2: 2115 TALENT AVE TALENT , OR 97540- 6623 COUNTY: JACKSON
3: 208 BAIN TALENT , OR 97540 COUNTY: JACKSON

4: 885 CLAY ST APT 158 ASHLAND , OR 97520- 6713 COUNTY: JACKSON
5: 109 SE SALMON ST APT PORTLAND, OR 97214- 3332 COUNTY: MULTNOMAH
6: 8531 SW CAPITOL HWY PORTLAND , OR 97219- 3632 COUNTY: MULTNOMAH

7: PO BOX 1379
ASHLAND , OR 97520- 0046

fie://C:\Documents and Settings\BTRAUBEN\Local Settings\Temporar Internet Files\OLKIF2...

11/20/2007

Case 1:95-cv-00650-LSM
COUNTY: JACKSON
8: 832 A ASHLAND , OR 97520- 2022 COUNTY: JACKSON

Document 107-7

Filed 12/12/2007

Page 2 of9 Page 4 of 11

9: 2015 WESTERLUND DR MEDFORD , OR 97504- 7642
COUNTY: JACKSON
10: 1700 HOMES AVE # A

ASHLAND , OR 97520- 2302 COUNTY: JACKSON
11: 485 FAIRVIEW ST APT A ASHLAND , OR 97520- 2979

COUNTY: JACKSON
12: 321 PALM AVE APT ASHLAND , OR 97520- 3912

COUNTY: JACKSON

Address Details
1: 8585 SW CANYON LN APT 35 PORTLAND , OR 97225-3973
Address:

8585 SW CANYON LN APT 35
PORTLAND , OR 97225- 3973 COUNTY: WASHINGTON

Household Members
None Listed

(Current)

Other Associates
None Listed
Census Data

Dates: 10/2007 Phones:
Neighbors:

10 Listed - Click to view

Head of Household Age:

Income:
Home Value:

$51 864 $247 300
15 years

Education:

2: 2115 TALENT AVE TALENT, OR 97540-6623
Address:

2115 TALENT AVE TALENT , OR 97540- 6623

Household Members
None Listed

COUNTY: JACKSON
Dates:

02/2005

Other Associates
None Listed
Census Data

Phones:

Head of Household Age:

Income:
Home Value:

Education:

$26 162 $87 900 13 yea rs

3: 208 BAIN ST TALENT, OR 97540
Address:

208 BAIN ST TALENT , OR 97540

Household Members
None Listed

COUNTY: JACKSON
Dates: Phones:

04/2004 (541)535- 6796

Other Associates
None Listed
Census Data

None Listed

4: 885 CLAY ST APT 158 ASHLAND, OR 97520-6713
Address:

885 CLAY ST APT 158

Household Members
CARVER, AENNA C

ASHLAND, OR 97520- 6713 COUNTY: JACKSON
Dates: Phones:

07/1999 (541)482- 4858

Other Associates
ALOISA, FRED L

Census Data

Head of Household Age:

Income:
Home Value:

$16, 890 $147 400

fie://C:\Documents and Settings\BTRAUBEN\Local Settings\Temporar Internet Files\OLKIF2... 11/20/2007

Case 1:95-cv-00650-LSM

Document 107-7
Education:

Filed 12/12/2007

Page 3 of9 Page 5 of 11
14 years

5: 109 SE SALMON ST APT PORTLAND , OR 97214-3332
Address:

109 SE SALMON ST APT PORTLAND , OR 97214- 3332 COUNTY: MULTNOMAH

Household Members
None Listed

Dates:

01/1999

Other Associates
None Listed
Census Data

Phones:

Head of Household Age:

Income:
Home Value:

$23, 800 $187 500
14 years

Education:

6: 8531 SW CAPITOL HWY PORTLAND , OR 97219-3632
Address:

8531 SW CAPITOL HWY
PORTLAND , OR 97219- 3632 COUNTY: MULTNOMAH

Household Members
None Listed

Dates:

05/1995

Other Associates
None Listed
Census Data

Phones:

Head of Household Age:

Income:
Home Value:

$49, 722 $177 500
15 years

Education:

7: PO BOX 1379 ASHLAND , OR 97520-0046
Address:

PO BOX 1379 ASHLAND, OR 97520- 0046 COUNTY: JACKSON

Household Members
None Listed

Dates:

06/1994

Other Associates
None Listed
Census Data

Phones:

Head of Household Age:

Income:
Home Value:

$38 661 $157 000
14 years

Education:

8: 832 A ST ASHLAND , OR 97520-2022
Address:

832 A ST
ASHLAND , OR 97520- 2022 COUNTY: JACKSON

Household Members
None Listed

Dates:

03/1993

Other Associates
None Listed
Census Data

Phones:

Head of Household Age:

Income:
Home Value:

$30, 579 $169, 200
15 years

Education:

9: 2015 WESTERLUND DR MEDFORD, OR 97504-7642
Address:

2015 WESTERLUND DR MEDFORD , OR 97504- 7642 COUNTY: JACKSON

Household Members
None Listed

Dates:

12/1992

Other Associates
ALOISA , FRED L

Phones:

Census Data

Head of Household Age:

fie://C:\Documents and Settings\BTRAUBEN\Local Settings\Temporary Internet Files\OLKIF2... 11/20/2007

Case 1:95-cv-00650-LSM

Document 107-7
Income:
Home Value:

Filed 12/12/2007

Page 4 of9 Page 6 of 11
$45, 855 $165,700 14 years

Education:

10: 1700 HOMES AVE
Address:

# A

ASHLAND , OR 97520-2302
Household Members
CARVER , AENNA C

1700 HOMES AVE # A
ASHLAND, OR 97520- 2302 COUNTY: JACKSON

Dates: Phones:

09/1987 (541)482- 4858

Other Associates
None Listed
Census Data

Head of Household Age:

Income:
Home Value:

$38, 661 $157 000
14 years

Education:

11: 485 FAIRVIEW ST APT A ASHLAND , OR 97520-2979
Address:

485 FAIRVIEW ST APT A ASHLAND , OR 97520- 2979

Household Members
CARVER, AENNA C

COUNTY: JACKSON
Dates: Phones:

04/1986 (541)482- 4858

Other Associates
ALOISA , FRED L

Census Data

Head of Household Age:

Income:
Home Value:

Education:

$25 915 $219 800 15 years

12: 321 PALM AVE APT ASHLAND , OR 97520-3912
Address:

321 PALM AVE APT ASHLAND , OR 97520-3912 COUNTY: JACKSON

Household Members
None Listed

Dates:

04/1984

Other Associates
None Listed
Census Data

Phones:

Head of Household Age:

Income:
Home Value:

$18, 818 $122,400
14 years

Education:

Sport Licenses

1: Sport License
Name: DOB: Address:

KENDLE , MR JAMES N

03/1954
2115 TALENT AVE TALENT , OR 97540- 6623

COUNTY: JACKSON
State: Type: Gender: Issue Date:

Oregon
Fishing
Male

07/22/2003
KENDLE , MR JAMES N

2: Sport License
Name: DOB: Address:

03/1954
2115 TALENT AVE TALENT , OR 97540- 6623

fie://C:\Documents and Settings\BTRAUBEN\Local Settings\Temporary Internet Files\OLKIF2... 11/20/2007

Case 1:95-cv-00650-LSM
COUNTY: JACKSON
State: Type: Gender: Home State: Issue Date:

Document 107-7

Filed 12/12/2007

Page 5 of9 Page 7 of 11

Oregon
Hunting and Fishing
Male

Oregon

07/22/2003

Potential Relatives

1.

No. Full Name
CARVER, AENNA C - AKA CARVER , AENNE K - AKA CARVER- KENDLE , AENNE - AKA KENBLE , AENNE C - AKA KENDLE , AENNE CARLSON - AKA CARLSON , ANNE K - AKA KENDLE , ANNE C - AKA KENDLE , ENNE C

Address
885 CLAY ST APT 158

Phone
(541)482- 4858

ASHLAND , OR 97520- 6713

1700 HOMES AVE # A
ASHLAND , OR 97520- 2302
485 FAIRVIEW ST APT A ASHLAND , OR 97520- 2979

(541)482- 4858
(541)482- 4858

SSN: 544- 82- XXXX (OREGON: 1974- 1975)

10268 CHARLESTON BAY CT # C LAKESIDE , CA 92040- 2351
10268 CHARLESTON BAY CT LAKESIDE , CA 92040- 2351

la. CARVER , JEFF
- AKA CARVER , JEFFERY W - AKA CARVER , JEFFREY W

(619)390- 4381

SSN: 546- 88- XXXX (CALIFORNIA: 1967- 1968)
DOB: 07/1951
(Age: 56)

105 W F ST APT 215
SAN DIEGO , CA 92101- 6036

(NOTE: Hotel or Motel)
10261 CHARLESTON BAY CT LAKESIDE , CA 92040- 2351
11828 PASEO LUCIDO APT 1024 SAN DIEGO, CA 92128- 6275

lb. KENDLE , DAVID N SSN: 603- 15- XXXX (CALIFORNIA: 1999- 1999)

10268 CHARLESTON BAY CT C LAKESIDE , CA 92040- 2351

1c. CARVER, AENNE
ld. CARVER , EMILY JANE

10268 CHARLESTON BAY CT LAKESIDE , CA 92040- 2351 10268 CHARLESTON BAY CT LAKESIDE , CA 92040- 2351

SSN: 617- 35- XXXX
(CALIFORNIA: 2002- 2003)

Business Associates
1: UBERTY MINING, INC.
Name: Address: Status:

KENDLE , JAMES

885 CLAY ST APT 158 ASHLAND , OR 97520- 6713
INACTIVE

State: OR
Corporation Number: Descriptive Status: Title: Record Date: Filng Date: Business Report:

14802383
INACTIVE
SECRETARY

10/05/2007 03/02/1989
Get Report

Person Associates

Full Name
1: ALOISA , FRED L ALOISI , FRED L SLOISA , FRED L

Address
885 CLAY ST APT 158

SSN

Phone

DOB 10/1946

ASHLAND, OR 97520- 6713

2015 WESTERLUND DR MEDFORD , OR 97504- 7642
485 FAIRVIEW ST APT A ASHLAND , OR 97520- 2979

fie://C:\Documents and Settings\BTRAUBEN\Local Settings\Temporary Internet Files\OLKIF2... 11/20/2007

Case 1:95-cv-00650-LSM

Document 107-7

Filed 12/12/2007

Page 6 of9 Page 8 of 11

1257 SISKIYOU BLVD NUM 126
ASHLAND , OR 97520- 2241

Neighbors
8585 SW CANYON LN APT 35 PORTLAND, OR 97225-3973 Name Address
BROWN , JEFFERY L ALVERSON , BOB G
KUBIN , CARL J

Phone
None Listed

8585 SW CANYON LN APT 28 PORTLAND, OR 97225- 3972

8585 SW CANYON LN APT 29 PORTLAND , OR 97225- 3972
8585 SW CANYON LN APT 3
PORTLAND , OR 97225- 3956

(503)297-5202
None Listed

PIERCE , JESSICA M JORDAN , ANGELA DORETY , WILLIAM WILLARD DORETY , DARLENE G DORETY , BRENT
DUNCAN , CHRISTOPHER BOGARD , GEORGETT
LAIRD , DIANA J DETERS , JULIE A
ALLEN , ROBERT E ALLEN , JUDITH L

8585 SW CANYON LN APT 30 PORTLAND , OR 97225- 3972
8585 SW CANYON LN APT 31
PORTLAND , OR 97225- 3972

None Listed

(503)292- 8489
None Listed

8585 SW CANYON LN APT 32 PORTLAND , OR 97225- 3972
8585 SW CANYON LN APT 33
PORTLAND , OR 97225- 3973

ALLEN, JUDITH
RYAN , PATRICK

977-3189

MERRILL , AUDRIANNA

WARWICK, NICOLE M HOLLOWAY , ROBERT M ENTZ , JAMES J
KIRKHAM , LINDSAY K CHAPMAN , JODI L ARNOLD , CHRISTOPHER M

8585 SW CANYON LN APT 34 PORTLAND , OR 97225- 3973
8585 SW CANYON LN APT 36
PORTLAND , OR 97225- 3973

(503)291- 5214
None Listed

TARBET , RICHARD A KHAN , KAMRAN S
KHAN , BILQUIS A

8585 SW CANYON LN APT 37 PORTLAND , OR 97225- 3973

(503)296- 7696

Source Information
All Sources
Person Locator 1

14 Documents

1 Documents
1 Documents 1 Documents 1 Documents

Corporate Affiliations

Hunting and Fishing Licenses Phone Historical Person Locator Utiity Locator

9 Documents
1 Documents

Copyright 2007 LexisNexis ,

About LexisNexis I Terms and Conditions I Privacy Policy a division of Reed Elsevier Inc. All rights reserved.
Person Locator 1 This data is for informational purposes only.

Personal Information
Name:
KENDLE , JAMES N

Address:
SSN:
Reported Date:

8585 SW CANYON LN APT 35 PORTLAND , OR 97225

542- 62- XXXX 04/2005
2115 TALENT AVE TALENT , OR 97540

Prior Addresses
Address:

fie://C:\Documents and Settings\BTRAUBEN\Local Settings\Temporary Internet Files\OLKIF2...

11/2012007

Case 1:95-cv-00650-LSM
Reported Date:

Document 107-7
07/1999
109 SE SALMON ST PORTLAND , OR 97214

Filed 12/12/2007

Page 7 of9 Page 9 of 11

Address:
Reported Date:

08/1996

Hunting/Fishing License This data is for informational purposes only.

License Information
Name:
KENDLE , JAMES N

Address:

2115 TALENT AVE TALENT , OR 97540- 6623 JACKSON COUNTY

Gender: Resident:

Male

Hunting/Fishing License This data is for informational purposes only.

License Information
Name:
KENDLE , JAMES N

Address:

2115 TALENT AVE TALENT , OR 97540- 6623 JACKSON COUNTY

Gender:
State of License:

Male

Resident:

Phone
This data is for informational purposes only.

Personal Information
Name:
KENDLE , JAMES
208 BAIN ST TALENT , OR 97540

Address:
Phone:

541- 535- 6796

Utility Locator
This data is for informational purposes only.

Utilities Information
Name:
KENDLE , JAMES N

Address:
Connect Date:
Record Date:

8585 SW CANYON LN APT 35
PORTLAND , OR 97225- 3973

9/1/2004 9/18/2004

Historical Person Locator
This data is for informational purposes only.

Finder Information
Name:
KENDLE , JAMES N

Address:

2115 TALENT AVE TALENT , OR 97540- 6623 JACKSON COUNTY

SSN:

Date of Birth:

542- 62- XXXX 3/1954

fie:/IC:\Documents

and Settings\BTRAUBEN\Local Settings\Temporary Internet Files\OLKIF2...

11/2012007

Case 1:95-cv-00650-LSM

Document 107-7

Filed 12/12/2007

Page 8 of9 Page 10 of 11

Historical Person Locator
This data is for informational purposes only.

Finder Information
Name:
KENDLE , JAMES N
885 CLAY ST APT 158

Address:

ASHLAND , OR 97520- 6713 JACKSON COUNTY

SSN:

Phone:
Date of Birth:

542- 62- XXXX 541- 482- 4858

3/1954

Historical Person Locator
This data is for informational purposes only.

Finder Information
Name:
KENDLE , JAMES N

Address:

8531 SW CAPITOL HWY
PORTLAND , OR 97219- 3632 MUL TNOMAH COUNTY

SSN:

542- 62- XXXX

Date of Birth:

3/1954

Historical Person Locator
This data is for informational purposes only.

Finder Information
Name:
KENDLE, JAMES N

Address:

PO BOX 1379 ASHLAND , OR 97520- 0046 JACKSON COUNTY

SSN:

Date of Birth:

542- 62- XXXX 3/1954

Historical Person Locator
This data is for informational purposes only.

Finder Information
Name:
KENDLE , JAMES N
832 A ST

Address:

ASHLAND , OR 97520- 2022 JACKSON COUNTY

SSN:

Date of Birth:

542- 62- XXXX 3/1954

Historical Person Locator
This data is for informational purposes only.

Finder Information
Name:
KENDLE , JAMES N

Address:

2015 WESTERLUND DR MEDFORD , OR 97504- 7642 JACKSON COUNTY

SSN:

Date of Birth:

542- 62- XXXX 3/1954

Historical Person Locator
This data is for informational purposes only.

fie:IIC:\Documents

and Settings\BTRAUBEN\Local Settings\Temporary Internet Files\OLKIF2...

11/2012007

Case 1:95-cv-00650-LSM Finder Information
Name:

Document 107-7
KENDLE , JAMES N

Filed 12/12/2007

Page 9 of9 Page 11 of 11

Address:

1700 HOMES AVE # A
ASHLAND, OR 97520- 2302 JACKSON COUNTY

SSN:

542- 62- XXXX 541- 482- 4858

Phone:
Date of Birth:

3/1954

Historical Person Locator
This data is for informational purposes only.

Finder Information
Name:
KENDLE , JAMES N
485 FAIRVIEW ST APT A ASHLAND , OR 97520- 2979 JACKSON COUNTY

Address:

SSN:

Phone:
Date of Birth:

542- 62- XXXX 541- 482- 4858

3/1954

Historical Person Locator
This data is for informational purposes only.

Finder Information
Name:
KENDLE , JAMES N

Address:

321 PALM AVE APT ASHLAND , OR 97520- 3912 JACKSON COUNTY

SSN:

Date of Birth:

542- 62- XXXX 3/1954

Corporate Affiliations
This data is for informational purposes only.

Business Information
State of Origin:
Charter Number:

14802383
LIBERTY MINING , INC. INACTIVE

Corporation Name: Status:
Name:

KENDLE, JAMES
885 CLAY ST APT 158

Address:

ASHLAND , OR 97520- 6713

file:/IC:\Documents and Settings\BTRAUBEN\Local Settings\Temporar Internet Files\OLKIF2...

11/20/2007

Case 1:95-cv-00650-LSM

Document 107-8

Filed 12/12/2007

Page 1 of 3

EXHIBIT G

. //
Case 1:95-cv-00650-LSM Document 107-8
s.

Filed 12/12/2007

Page 2 of 3

Department of Justice

Environment ard Natural Resources Division
bkt 90- 23- 3261
Natural Resources Section

P. O. Box 663

Ben Franklin Staton Washington, DC 20044- 0663

Telephone (202) 305- 0238 Facsimile (202) 305-0267 bruce.trauben(sdoj. gov

November 9 , 2007

VIA FACSIMILE (202) 672- 5399
Lawrence G. McBride , Esq. Foley & Lardner LLP Washington Harbour 3000 K Street , N. , Suite 500 Washington , D. C. 20007- 5143
Re:

Aloisi v. United States, CFC No. 95- 650L

DearMr. McBride:

To ensure timely delivery, please find attached a print-out of my e-mail to you today regarding the depositions of James Kendle , Energel and Dynatech.

Than you for your attention to this matter. Please do not hesitate to contact me if you have any questions or concerns.

Sincerely,

Trial Attorney

OPTIONAL FORM 99 (7- 90)

FAX TRANSMITTAL

GENERAL SERVICES ADMINISTRATION

Case 1:95-cv-00650-LSM

Document 107-8

Filed 12/12/2007

Page 3 of 3

Trauben, Bruce (ENRD)
From: Sent:
To: Cc:

Trauben , Bruce (ENRD) Friday, November 09 , 2007 1 :39 PM
McBride , Lawrence G.'

Subject:

Shapiro , William (ENRD); Miller , Shelley (ENRD) Aloisi: Suggestion of Death of Goodman & Depositions of Kendle , 30(b)(6) of Energel and Dynatech

Larry: Just a reminder that on Tuesday, I intend to file a Suggestion of Death of Donald W. Goodman , forwarding a copy of an obituary notice to the Court , unless Plaintiffs file today. (By the way, according to the Reading Eagle , Mr. Goodman died June 4 2005 at 2:45 p. m. in his Wrightsvile , PA residence. ) Also , next week , we will have no choice but to file a motion to compel the depositions of James Kendle and 30(b)(6) depositions of Energel and Dynatech. In light of the death of Donald W. Goodman , if there no longer is someone who can speak or act on behalf of these corporate entities , then they should be dismissed from this action with prejudice. So that I don t file an unnecessary motion to compel with respect to Energel and Dynatech , I suggest that you send a letter to my attention as soon as possible , indicating that they wil be dismissed with prejudice. In the meantime , we are looking into a venue for a telephone deposition of Candis Aloisi Potter near Truth or Consequences , NM. Thanks. Bruce

For U. S. Mail

Bruce K. Trauben Trial Attorney Natural Resources Section Environment & Natural Resources Div. S. Department of Justice O. Box 663

Washington , D. C. 20044-0663
Ph: (202) 305- 0238

Fax: (202) 305- 0506
Hand/Overniaht Deliveries Bruce K. Trauben ENRD/NRS S. DOJ 601 D Street , N. , Rm. 3126

Washington , D. C. 20004

Case 1:95-cv-00650-LSM

Document 107-9

Filed 12/12/2007

Page 1 of 3

EXHIBIT H

Case 1:95-cv-00650-LSM

Document 107-9

Filed 12/12/2007

Page 2 of 3Page 1 of3

Trauben , Bruce (ENRD)
From: McBride , Lawrence G. (LMcBride
foley. comJ

Sent: Monday, November 12
To: Trauben , Bruce (ENRD)
Subject: RE: November 12 ,

20072:57 PM

2007 Letter to Bruce K. Trauben , Esq.

I have been talking with Jim Kendle s brother Jeff (through Kendle Trucking in Medford), but they do not have a fixed address for him at this point. My address/contact point was through Kendle Trucking. I believe one of the trackers you ve used called there , too , as Jeff reported an out of the blue inquiry for Jim recently, too. Jeff says Jim calls Jeff and/or his father periodically, but has not recently. I have apprised Jeff , but have been unable to apprise Jim , of your desire to depose him -s missing to me , too. They expect they might hear from him at Thanksgiving, if we can hold this issue over that week.

I specifically asked about the Portland address we had , but Jeff says their father gave Jim his mobile home some while back. As far as they know , he has no fixed address. As to Myron and Goodman , I plan to make the Rule 25(a) filing as soon as I have the chance to understand from Myron the status of the estate and heirs and deal with him/it/them on the situation.

From: Trauben , Bruce (ENRD) (mailto:Bruce. Trauben(Qusdoj. gov) Sent: Monday, November 12 , 2007 1:51 To: McBride , Lawrence G.
Cc: Shapiro ,

William (ENRD)

Subject: RE: November 12 ,

2007 Letter to Bruce K. Trauben , Esq.

Larry: I spoke with Myron Finkelstein today, and learned that he has about one box of documents to produce. Also we spoke briefly about the estate and substitution of parties for Don Goodman. It seems as though the estate was wound up with a final distribution to Don s 3 children , but the fast-talking Mr. Finkelstein said , I believe , that nothing is final " suggesting to me that it may be re-opened. The notice of death to the court only starts the 90 day trigger for the substitution of parties -- it seems that 3 months should be suffcient time and the court probably would allow more time if needed. As you no doubt know , the government cannot settle this action (if we walk down that path) without the approval of all plaintiffs. In other actions that I' ve settled where we learned at the time of settlement that some of the plaintiffs were deceased , they were either substituted by the executor of the estate or dismissed from the action prior to final settlement - it was not diffcult , but it held everything up for several months. Why wait , when we know now that it needs to be done? I will confer with my colleagues and let you know of our decision before filing anything with the court regarding Don Goodman.

Also , more troubling for me personally and for the government than the Don Goodman situation , is that James Kendle may not be aware of this action and has not been kept apprised of its status. If that is the case it potentially raises professional responsibility concerns - yours under ABA Model Rules 1.2 and 1.4 , and now mine under Rule 8. 3 (the CFC has adopted the ABA Model Rules; and the D. C. Rules are very similar , if not identical). If there is any non- privileged information that you can provide to me that would ease those concerns , it would be greatly appreciated. It seems that the best solution would be to inform Mr. Kendle of the litigation and the government' s desire to take his deposition , rather than have his apparent lack of knowledge of this suit brought to the court' s attention though a motion to compel his appearance , which the government soon will need to file (at this point , I'm only waiting for the transcript of Fred' s recent deposition to attach excerpts to the motion).

Best regards , Bruce

11/20/2007

Case 1:95-cv-00650-LSM

Document 107-9

Filed 12/12/2007

Page 2 of3 Page 3 of 3

McBride , Lawrence G. (mailto:LMcBride(Qfoley. com) Monday, November 12 , 2007 11:59 AM Sent: To: Trauben , Bruce (ENRD) November 12 , 2007 Letter to Bruce K. Trauben , Esq. Subject:
From:

Bruce , likewise , we are also faxing this so you ll have it Tuesday morning both ways.
Thank you

Larry McBride
Lawrence G. McBride , Esq. Foley & Lardner LLP
Washington Harbour

3000 K St. , N. , Suite 500 Washington , DC 20007

Imcbride~foley . com
(202) 295-4017 (Direct) (202) 672- 5399 (Fax) (202) 672-5300 (Switchboard)

not

ww. foley. com
The preceding email message may be confidential or protected by the attorney- client privilege. It is intended for transmission to , or receipt by, any unauthorized persons. If you have received this message in error , please (i) do not read it , (ii) reply to the sender that you received the message in error , and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other part.
Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue , unless expressly stated otherwise the advice is not intended or written to be used , and it canot be used by the recipient or any other taxpayer , for the purose of avoiding Federal tax penalties , and was not written to support the promotion or marketing of any transaction or matter discussed herein.

not
11/20/2007

intended The preceding email message may be confidential or protected by the attorney- client privilege. It is , or receipt by, any unauthorized persons. If you have received this message in error , please for transmission to (i) do not read it , (ii) reply to the sender that you received the message in error , and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit ofthe Foley & Lardner LLP client(s) represented by the Firm in the particular matter that is the subject of this message , and may not be relied upon by any other part.

Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue , unless expressly stated otherwise

Case 1:95-cv-00650-LSM

Document 107-10

Filed 12/12/2007

Page 1 of 3

EXHIBIT I

Case 1:95-cv-00650-LSM

Document 107-10

Filed 12/12/2007

Page 2 of 3

Trauben , Bruce (ENRD)
From: Sent:
To: Cc:

Trauben , Bruce (ENRD)
Thursday, November 29 , 2007 10:50 AM McBride , Lawrence G.' Shapiro , William (ENRD) Aloisi v. United States: re James Kendle , Energel & Dynatech
High

Subject:
Importance:

Larry: Actually, I was hoping to hear back from you today regarding Energel and Dynatech , so you still have today to work

it out. If it's not resolved by COB today, tomorrow I' ll file the motion. With respect to James Kendle , I appreciate that he
may want to be dismissed from this action , but I still have the right to depose him since he sued the government. I currently anticipate taking Kendle s deposition even if he decides to be dismissed from the action. Now that you ve located him , please let me know when and where the deposition may be held. It may be a telephone deposition , but I' ll need to know where he resides so I may locate a court reporter in his area (like with Candis Potter , I would ask that he travel to the reporter s offices). If the government' s desire to depose James Kendle should change , I'll let you know. Thanks.

Bruce

For U. S. Mail

Bruce K. Trauben Trial Attorney Natural Resources Section Environment & Natural Resources Div. S. Department of Justice O. Box 663 Washington , D. C. 20044- 0663
Ph: (202) 305- 0238

Fax: (202) 305- 0506
Hand/Overniqht Deliveries Bruce K. Trauben ENRD/NRS S. DOJ 601 D Street , Rm. 3126 Washington , D. C. 20004

Tracking:

Recipient
McBride , Lawrence G.'

Delivery
Delivered: 11/29/2007 10:50 AM

Shapiro , William (ENRD)

Case 1:95-cv-00650-LSM

Document 107-10

Filed 12/12/2007

Page 3 of 3

Trauben , Bruce (ENRD)
From:

Sent:
To:

Subject:

Mail Delivery Subsystem (MAILER- DAEMON Thursday, November 29 , 2007 10:50 AM Trauben , Bruce (ENRD) Return receipt
A TT297 43. txt; A TT297 44. txt

mailsc24. usdoj. gov)

Attachments:

ATT29743. tx (622 ATT29744. tx
KB)

from (1