Free Objection - District Court of California - California

Case 3:07-cv-03758-SC

Document 155

Filed 02/29/2008

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JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JOSEPH P. RUSSONIELLO Interim United States Attorney RICHARD LEPLEY Assistant Branch Director DANIEL BENSING D.C. Bar No. 334268 JAMES SCHWARTZ D.C. Bar No. 468625 KYLE R. FREENY California Bar No. 247857 Attorneys United States Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 305-0693 Facsimile: (202) 616-8460 Email: [email protected] Attorneys for Defendants Hon. James B. Peake, the U.S. Department of Veterans Affairs, Hon. James P. Terry, Hon. Daniel L. Cooper, Bradley G. Mayes, Hon. Michael J. Kussman, Ulrike Willimon, the United States of America, Hon. Michael B. Mukasey, and Hon. William P. Greene, Jr. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO VETERANS FOR COMMON SENSE and ) VETERANS UNITED FOR TRUTH, ) ) Plaintiffs, ) ) v. ) ) Hon. JAMES B. PEAKE, Secretary of ) Veterans Affairs, et al., ) ) Defendants. ) ) ____________________________________ )

No. C 07-3758-SC DEFENDANTS' EVIDENTIARY OBJECTIONS TO PLAINTIFFS' EXHIBITS AND DOCUMENTS FOR JUDICIAL NOTICE

Introduction Defendants assert the following objections under the Federal Rules of Evidence to plaintiffs' exhibits, or documents for which plaintiffs requested judicial notice (other than exhibits that plaintiffs' designate specifically for the March 3, 2007 evidentiary hearing). Defendants reserve the right to assert an objection on grounds of relevance.

Defendants' Evidentiary Objections to Plaintiffs' Exhibits and Documents ( No. C 07-3758-SC)

Case 3:07-cv-03758-SC

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Exhibits to December 11, 2007 Sprenkel Declaration Prepared Statement of Alvy A. Chapman submitted to the Senate Committee on Veterans Affairs, dated July 19, 2007 (Exhibit F) Defendants do not dispute that this statement was submitted to the Senate Committee on Veterans Affairs. However the factual assertions of the article are inadmissible hearsay. Request for Judicial Notice ­ December 11, 2007 Orlando Sentinel article of October 29, 2007 (Exhibit C). Defendants do not dispute that this news article was published by the Orlando Sentinel on October 29, 2007. However the factual assertions of the article are inadmissible hearsay. Stacy Bannerman article of November 20, 2007 (Exhibit D) Defendants do not dispute that Ms. Bannerman published this article on or about November 20, 2007. However the factual assertions of the article are inadmissible hearsay. CBS New report (Veteran Suicide: Methodology) of November 13, 2007 (Exhibit E) Defendants do not dispute that this news article was reported by CBS News on November 13, 2007. However the factual assertions of the article are inadmissible hearsay. CBS New report (Transcript of Suicide Epidemic Among Veterans) of November 13, 2007 (Exhibit F) Defendants do not dispute that this news article was reported by CBS News on November 13, 2007. However the factual assertions of the article are inadmissible hearsay. CBS New report (Transcript of VA struggles With Vets' Mental Health) of November 14, 2007 (Exhibit G) Defendants do not dispute that this news article was reported by CBS News on October 29, 2007. However the factual assertions of the article are inadmissible hearsay. San Francisco Chronicle article of December 9, 2007 (Exhibit H) Defendants do not dispute that this news article was published by the San Francisco Chronicle on December 9, 2007. However the factual assertions of the article are inadmissible hearsay. Colorado Springs Independent article of April 12, 2007 (Exhibit I) Defendants do not dispute that this news article was published by the Colorado Springs Independent on April 12, 2007. However the factual assertions of the article are inadmissible hearsay.

Defendants' Evidentiary Objections to Plaintiffs' Exhibits and Documents ( No. C 07-3758-SC)

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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 Exhibits to February 11, 2008 Sprenkel Declaration Associated Press article of September 19, 2007 (Exhibit G) Defendants do not dispute

that this news article was posted online by Associated Press on September 19, 2007 or that it was included in a House Report. However the factual assertions of the article are inadmissible hearsay. Requests for Judicial Notice ­ February 11, 2008 Green Bay Press-Gazette article of February 7, 2008 (Exhibit A) Defendants do not dispute that this news article was published by the Green Bay Press-Gazette on February 7, 2008. However the factual assertions of the article are inadmissible hearsay. Star Community Newspapers Article of January 25, 2008 (Exhibit B) Defendants do not dispute that this news article was published by the Star Community Newspapers on January 25, 2008. However the factual assertions of the article are inadmissible hearsay. Prepared Statement of Mike and Kim Bowman before the House Committee on Veterans Affairs (D). Defendants do not dispute that this statement was submitted to the Senate Committee on Veterans Affairs. However the factual assertions of the article are inadmissible hearsay.

Defendants' Evidentiary Objections to Plaintiffs' Exhibits and Documents ( No. C 07-3758-SC)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Counsel for Defendants 18 19 20 21 22 23 24 25 26 27 28 /s/ Daniel Bensing DANIEL BENSING D.C. Bar # 334268 JAMES SCHWARTZ D.C. Bar # 468625 KYLE R. FREENY California Bar #247857 Attorneys, U.S. Department of Justice P.O. Box 883 Washington, D.C. 20044 Dated February 29, 2008 Respectfully Submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JOSEPH P. RUSSONIELLO Interim United States Attorney RICHARD LEPLEY Assistant Branch Director Attachments to the Declaration of February 4, 2008 Reply Declaration of Arthur Blank Washington Post article of January 31, 2008 (Exhibit I) Defendants do not dispute that this news article was published by the Washington Post on January 31, 2008. However the factual assertions of the article are inadmissible hearsay.

Defendants' Evidentiary Objections to Plaintiffs' Exhibits and Documents ( No. C 07-3758-SC)

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