Free Declaration in Support - District Court of California - California

Case 4:07-cv-04894-SBA

Document 79

Filed 08/12/2008

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division ABRAHAM A. SIMMONS (SBN 146400) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: (415) 436-7264 Facsimile: (415) 436-6748 Email: [email protected] Attorneys for Federal Defendants

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 13 Plaintiffs, 14 v. 15 16 17 18 I, Abraham A. Simmons, declare as follows: 19 1. 20 been assigned to represent the federal defendants Seth McMullen and John Silva in the above21 captioned matter. If called to testify I would and could competently testify as to the facts in this 22 declaration. 23 2. 24 Initial Disclosures the Plaintiffs served on Accornero prior to Defendants McMullen's and 25 Silva's appearance in this case. 26 3. 27 copies of the discovery served by plaintiffs Keane and Strange on the federal defendants. The 28 discovery consists of the following: Attached as Exhibits 2 through 7 electronically to this declaration are true and correct Attached as Exhibit 1 electronically to this declaration is a true and correct copy of the I am an Assistant United States Attorney in the Northern District of California and I have SETH M. MCMULLEN, PAUL ACCORNERO and JOHN SILVA, Defendants. ROBERT CARL PATRICK KEANE, individually; and CHIEKO STRANGE, individually, ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-4894 SBA DECLARATION OF ABRAHAM A. SIMMONS IN SUPPORT OF MOTION TO COMPEL

Case 4:07-cv-04894-SBA

Document 79

Filed 08/12/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Exhibit 7 Exhibit 6 Exhibit 5 Exhibit 4 Exhibit 3 Exhibit 2 Chieko Strange's Responses to Defendant Accornero's First Request for Production of Documents Chieko Strange's Responses to Defendant Accornero's Interrogatories, Set Two Robert C.P. Keane's Responses to Defendant Accornero's Interrogatories, Set One Robert C.P. Keane's Responses to Defendant Accornero's First Request for Production of Documents Chieko Strange's Responses to Defendant Accornero's First Set of Requests For Admission Robert C.P. Keane's Responses to Defendant Accornero's First Set of Requests For Admission Attached as Exhibit 8 hereto is a true and correct copy of the undersigned's July 31, 2008

letter to plaintiffs' counsel requesting resolution of the issue that plaintiffs have not supplied any releases for their medical records. 5. Attached as Exhibit 9 hereto is a true and correct copy of Mr. Heffner's reply to the July

31, 2008 letter. 6. In my discussions with counsel for the parties and in correspondence, it has become clear

that plaintiffs take the position that they have provided an adequate calculation of damages, that they need not disclose the names of their work supervisors, that they need not disclose any of their tax returns and that they need not sign the releases provided to them. Although plaintiffs have suggested that they are willing to sign a release for some medical records, defendants have not been able as of the time of this writing to ascertain the scope and proper uses of an acceptable release. Plaintiffs have represented that they may produce in this litigation an expert to opine that one or both plaintiffs have suffered post-traumatic stress disorder. Plaintiffs nevertheless are /// ///

Declaration of AUSA Abraham A. Simmons C 07-4894 SBA

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Case 4:07-cv-04894-SBA

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taking the position that no documents related to this diagnosis need be produced yet. I declare under penalty of perjury under the laws of the United States that the above is true and accurate. Executed this 12th day in August, 2008, in San Francisco, California.

_____________/s/________________________ Abraham A. Simmons

Declaration of AUSA Abraham A. Simmons C 07-4894 SBA

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