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

Case 1:95-cv-00650-LSM

Document 105-7

Filed 11/30/2007

Page 1 of 4

EXHIBIT F

Case 1:95-cv-00650-LSM

Document 105-7

Filed 11/30/2007

Page 2 of 4Page 1 of

Trauben , Bruce (ENRD)

Sent:
Bruce , fyi.

From: McBride , Lawrence G. (LMcBride

foley. comJ

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 will 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

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11/20/2007

Case 1:95-cv-00650-LSM

Document 105-7

Filed 11/30/2007

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(Qfoley. com EMAIL
CLIENT/MATTER NUMBER

304280- 0002

Bruce Trauben , Esq. General Litigation Section Environment & Natual 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.

1. I enclose a fresh "

list" of plaintiffs ' document production , adding A- 179 through A-

183 , and correcting several entres as indicated here.

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.
2. I enclose a color print of the
3. I enclose a set of the " zoom " maps , thee that go with each primar 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 ofthe day). If you wish to see the version from which I made the copy in order to confirm the text , let me know.
5. I enclose new A- 183 , the work notes of2007 Mr. Ferrero used in creating and documenting his Spreadsheets produced as A- 151 , as discussed at his deposition Thursday.

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 JACKSONVILLE

LOS ANGELES MADISON MILWAUKEE NEW YORK ORLANDO

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

TALLAHASSEE TAMPA TOKYO WASHINGTON , D.

WASH

21 08803. 1

Case 1:95-cv-00650-LSM

Document 105-7

Filed 11/30/2007

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 of the FWS biological opinion), and the related agency file responding to him , if any - as described by Mr. Lee , the memorandum asked questions about the agency s handling of north em 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 still 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.