Free Motion for Discovery - District Court of Delaware - Delaware

Case 1 :04-cv-01416-JJF Document 47-2 Filed 08/24/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, for )
the Use and Benefit of JERSEY SHORE )
AUTOMATION, INC., a New Jersey )
corporation, )
)
Plaintgjf ) C.A. NO. 04-l4I6 (JJF)
)
v. )
)
CHUGACH SUPPORT SERVICES, )
INC., an Alaska corporation, and SAFECO )
INSURANCE COMPANY OF AMERICA, )
a Washington corporation, )
)
Defendants. )
DECLARATION OF JAMES I). HEISMAN IN SUPPORT OF
PLAINTIFFS REQUEST FOR DISCOVERY PURSUANT TO FED. R. CIV. P. 56gf)
James D. Heisman, pursuant to 28 USC. § I746, declares that:
L I am an attorney for plaintiftQ Jersey Shore Automation, Inc. ("Jersey Shore"), in
above captioned action. I make this Declaration pursuant to Fed. R. Civ. P. 56(f), in support of
Jersey Shore’s Brief in Opposition to Defendants’ Motion and Supplemental Brief to Disrniss in
Part, or in the Alternative for Partial Summary J ndgment.
2. Jersey Shore seeks an order denying Defendants Motion to Dismiss in Part, or in the
Alternative for Fartial Summary Judgment, or continuing it until such time as Jersey Shore is able to
obtain the discovery and evidence necessary to respond completely and properly to the motion. In
particular, Jersey Shore seeks to depose employees of Defendant Chugach Support Services,
including but not limited to Robert Hafey and Terry Wright, who were decision-makers on the
SABER Contract and/or the MSA and niet with Jersey Shore on two separate occasions to discuss
the matters that are the subj ect of this litigation.
I

Case 1:04-cv-01416-JJF Document 47-2 Filed 08/24/2005 Page 2 of 2
3, Through this discovery Jersey Shore anticipates that it will be able to fully defend
against the motion and demonstrate that Defendant Chugach Support Services agreed to, inter u/ia,
the use of the Unit Price Guide as the rneans to localize wage rates in the DO/NTPs, agreed to
correct all DO/NTPS that did not utilize the Unit Price Guide in their wage rate calculations, agreed
to modify the terrns ofthe MSA to ensure that Jersey Shore received full payment for its work, and
agreed to submit change orders to the United States Governrnent to obtain correct payments for
Jersey Shore.
4. Plaintiff believes that the opportunity for this discovery should he afforded before
any decision on summary judgment is made. Without discovery, it is not possible for Jersey Shore
to fully respond and provide support for its position in opposition to Defendants’ contentions in its
motion.
5, The requested denial or continuance is therefore necessary and appropriate.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Dated: August 24, 2005 /s/ James D. Heisman
James D. Heisman, Esquire
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