Free Declaration in Support - District Court of California - California

Case 3:07-cv-04893-JSW

Document 13

Filed 12/17/2007

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SCOTT N. SCHOOLS (SCBN 9990) 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 Defendant

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) R. JAMES NICHOLSON, Secretary of the ) Department of Veteran Affairs, ) ) Defendant. ) ) ARROLENE C. BURRELL, No. C 07-4893 JSW DECLARATION OF AUSA ABRAHAM A. SIMMONS IN SUPPORT OF MOTION TO DISMISS FOR LACK OF VENUE OR, IN THE ALTERNATIVE, FOR CHANGE OF VENUE TO THE EASTERN DISTRICT OF CALIFORNIA Date: Time: Ctrm: Before: February 8, 2007 9:00 a.m. 2, 17th Floor Hon. Jeffery S. White

Case 3:07-cv-04893-JSW

Document 13

Filed 12/17/2007

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I, Abraham A. Simmons, declare as follows: I am an Assistant United States Attorney in the Northern District of California and I have

been assigned to represent the government in the above-captioned matter. If called to testify I would and could competently testify as to the facts in this declaration. 2. Attached hereto as Exhibit A electronically to the memorandum filed in connection with

this declaration is a true and correct copy of the March 28, 2005 letter from the Department of Veterans Affairs Office of Resolution Management to Alan Perry that appears in the administrative file. The letter sets out the scope of the investigation that was to be performed by the investigator. The letter does not suggest the investigation would include alleged wrongdoing in connection with the 2001 reorganization of the United States Department of Veterans Affairs Central California Healthcare System office in Fresno, California. 3. Attached hereto as Exhibit B electronically to the memorandum filed in connection with

this declaration is a true and correct copy of the Table of Contents from the Administrative file for this administrative record in this case. The table of contents lists affidavits that were collected for the administrative proceedings and the documents collected. According to the file all but one of the witnesses is located in the Eastern District of California. The only exception is Roberta Rosenthal who was on the interview panel that rated applicants for one of the positions about which plaintiff complains in her Complaint. Attached hereto as Exhibit C is Ms. Rosenthal's affidavit which makes clear her limited involvement in this case in that she merely interviewed plaintiff and sent her scores to the selecting official. I declare under penalty of perjury under the laws of the United States that the above is true and accurate. Executed this 17th day in December, 2007, in San Francisco, California.

______________/s/___________________ ABRAHAM A. SIMMONS (SBN 146400)

Declaration of Abraham A. Simmons C 07-4893 JSW

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