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

Case 1:95-cv-00650-LSM

Document 105-10

Filed 11/30/2007

Page 1 of 3

EXHIBIT I

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Case 1:95-cv-00650-LSM

Document 105-10

Filed 11/30/2007

Page 2 of 3

Trauben , Bruce (ENRD)
From:

Sent:
To: Cc:

Trauben , Bruce (ENRD) Monday, November 19 20073:47 PM
McBride , Lawrence G.'

Shapiro , William (ENRD)
RE: Aloisi v. United States: Privileged Communications Produced by Finkelstein

Subject:

I have found some correspondence to Tom and Fred that was not produced in this action, the government may not have requested its production (still looking at that issue), so I may have prematurely stated in my e-mail below that it " should have been produced in this action. " My apologies.

Larry: While

Nevertheless, questions are arising with respect to Mr. Finkelstein' s production because as Mr. Goodman I s accountant, Mr. Finkelstein I s records were under Mr. Goodman' s control and normally should have been reviewed and produced by Mr. Goodman in response to the government' s requests, as he was a Plaintiff in this action. But because of his death over 2 years ago, Mr. Goodman I s documents were not reviewed, as they presumably would have This again highlights the need to inform the Court of Mr. Goodman I s death. Also, Plaintiffs have not identified anyone who can testify on behalf of Plaintiffs Energel and Dynatech, which Defendant has a right to depose in this becoming apparent that we need to involve the Court to resolve some of these Regards, Bruce

been.

action. It is issues.

From: Trauben, Bruce (ENRD)

Original Message-

To: ' McBride, Lawrence G.

Sent: Monday, November 19, 2007 2:57 PM

Cc: Shapiro, William (ENRD)
Subject: RE: Aloisi v. United States: Privileged Communications Produced by Finkelstein

Mr. McBride: While we do not intend to challenge waiver , you knew that we subpoenaed Mr. Finkelstein' s records before he produced them and, in fact, you spoke with him on the telephone before he produced any documents to the government. So you had an opportunity to ask Mr. Finkelstein whether any documents in his possession were marked " privileged. More troubling, for your information, is the correspondence that I I m finding that is addressed to Tom Ferrero and copied to Fred Aloisi that should have been produced in this action as there is no attached privilege or work product protection. I' m considering our Regards, Bruce Trauben

options.

Original Message-

To: Trauben, Bruce (ENRD)
Bruce,

From: McBride, Lawrence G. (mail to: LMcBride Sent: Monday, November 19, 2007 2:47 PM

foley . com)

Subject: RE: Aloisi v. United States: Privileged Communications Produced by Finkelstein
I have not seen what Mr. Finkelstein produced, nor did I have the opportunity to the material in any way before your copiers picked them up from him in New Jersey. Please treat that and any other potentially privileged documents you may find as inadvertently produced until I have the opportunity to review Finkelstein I s production , which I will do promptly upon my receipt of

Larry
From: Trauben, Bruce (ENRD) (mailto:Bruce. Trauben usdoj . gov) Sent: Monday, November 19, 2007 2: 36 PM
To: McBride, Lawrence G.
Original Message-

it.

Cc: Shapiro, William

(ENRD)

rose. miksovsky usda. gov

Subj ect: Aloisi v. United States: Privileged Communications Produced by

Case 1:95-cv-00650-LSM

Document 105-10

Filed 11/30/2007

Page 3 of 3

Finkelstein
Larry: Do Plaintiffs intend to waive any privilege attached to documents produced by Myron Finkelstein? So far, I' ve found a 9- 24- 1999 memo from you to Don and Fred with a recommendation on the Forest Service contest, which I have not read beyond what I needed to see to identify it as potentially, formerly privileged. Regards, Bruce

For U. S.

Mai 1

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

Div.

Washington, D. C.
Ph:
(202) 305.

20044- 0663

Fax:

0238

(202) 305- 0506

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

Washington ,

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

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error, please

it,

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