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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SOUTHERN COMFORT BUILDERS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )
No. 00-755C (Judge Allegra)
DEFENDANT'S AMENDED WITNESS LIST Pursuant to the Court's order of February 6, 2004, defendant, the United States, provides the following list of witnesses: A. Defendant intends to call the following witnesses at time of
trial: 1. John W. Stringer, former Contracting Officer, Patrick AFB, FL 32952-3238. Mr. Stringer may be He will testify
contacted through defendant's counsel.
concerning events that occurred in the performance and administration of the contract through 1998. We
anticipate that his testimony will last two hours. 2. Jimmy L. McDaniel, former Contracting Officer, now retired. Mr. McDaniel may be contacted through He will testify concerning the We
defendant's counsel.
basis for denial of the contractor's claim.
anticipate that his testimony will last one hour. 3. Linda Brantley, former Contract Specialist, Patrick AFB, FL 32952-3228. Ms. Brantley may be
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contacted through defendant's counsel.
She will
testify concerning events that occurred in the performance and administration of the contract through 1998. hours. 4. Douglas Fowler, former Project Inspector, 3905 Bramblewood Lane, Titusville, FL 32780, (407) 832-5116. He will testify concerning events that occurred in the performance and administration of the contract from contract award through 1998. testimony will last two hours. 5. Leonard W. Rice, Electrical Engineer, Tilden, Lobnitz, Cooper, 874 Dixon Blvd., Cocoa, FL 32922 (321) 6360274. Mr. Rice is expected to testify concerning the We We anticipate that his We anticipate that her testimony will last two
contract electrical drawings and specifications.
anticipate that his testimony will last one and onehalf hours. 6. Herb Blauel, Mechanical Engineer, (321) 633-3602. Mr. Blauel is represented by counsel Michael Kahn, 482 N. Harbor City Blvd., Melbourne, FL 32935. Mr. Blauel
is expected to testify concerning the contract mechanical drawings and specifications. We anticipate
that his testimony will last one and one-half hour.
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7.
William Butcher, Chrome Electric Company, 621 Park Avenue, Titusville, FL 32781 (407) 267-0990. Mr. Butcher is expected to testify about the electrical subcontract, the requirement to install variable frequency drives, and the presentation of a claim to the Government. last one hour. We anticipate that his testimony will
8.
Richard Paullin, Contract Solutions, LLC, 2530 Riva Road, Suite 403, Annapolis, MD 21401, (410) 212-1095. Mr. Paullin is expected to testify concerning his professional opinion, as expressed in his report, dated March 27, 2002. last two hours. We anticipate that his testimony will
9.
Mark Doran, Contract Solutions, LLC, 2530 Riva Road, Suite 403, Annapolis, MD 21401, (410) 212-1095. Mr. Doran is expected to testify concerning his professional opinion, as expressed in his report, dated March 27, 2002. last one hour. We anticipate that his testimony will
10.
Paul Antonevich, former Contract Specialist, Patrick AFB, FL 32952-1219. Mr. Antonevich may be Mr. Antonevich
contacted through defendant's counsel.
is expected to testify concerning events that occurred in the performance and administration of the contract
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from 1996 to 1997.
We anticipate that his testimony
will last one-quarter of an hour. 11. Christina Powers, Architectural Engineer, Space Gateway Support, P.O. Box 21237, Kennedy Space Center, FL 32815-0237 (321) 867-8158. Ms. Powers is expected to
testify concerning the contract design, drawings, and specifications. We anticipate that her testimony will
last one-half of an hour. 12. Randy Thron, BRPH Companies, 3275 Suntree Blvd., Melbourne, FL 32940 (321) 254-7666. Mr. Thron is
expected to testify concerning the variable frequency drive requirements. We anticipate that his testimony
will last one-half of an hour. B. Defendant may call the following additional witnesses at time
of trial: 1. Jack Olski, Civil Engineering, Kennedy Space Center, FL 32899. counsel. Mr. Olski may be contacted through defendant's If called as a witness, he is expected to
testify concerning events that occurred in the performance and administration of the contract through 1998. hour. 2. William J. Hartman, Contract Solutions, LLC, 2530 Riva Road, Suite 403, Annapolis, MD 21401, (410) 212-1095 If called, his testimony is expected to last one
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If called as a witness, Mr. Hartman is expected to testify concerning his professional opinion, as expressed in his report, dated March 27, 2002. If
called, his testimony is expected to last one-half of an hour. 3. Robert C. Edwards, Duffy Mechanical Corp., 15875 Commerce Ct., Upper Marlboro, MD 20774, (301) 390-2300. If called as a witness, Mr. Hartman is expected to testify concerning his professional opinion, as expressed in his report, dated March 27, 2002. If
called, his testimony is expected to last one-half of an hour. 4. Larry Markisen, Defense Contract Audit Agency. Mr. Markisen may be contacted through defendant's counsel. If called as a witness, Mr. Markisen is
expected to testify concerning his audit of plaintiff and his professional opinion as expressed in his audit report. If called, his testimony is expected to last
one-half of an hour. Defendant reserves the right to call any individuals listed on plaintiff's witness list.
Respectfully submitted, PETER D. KEISLER Assistant Attorney General - 5 -
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DAVID M. COHEN Director s/ James M. Kinsella by Robert E. Kirschman, Jr. JAMES M. KINSELLA Deputy Director s/ David R. Feniger DAVID R. FENIGER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tel: (202) 307-6288 Fax: (202) 514-7965 Attorneys for Defendant
OF COUNSEL: JOHN T. LAURO Attorney Commercial Litigation Division Air Force Legal Services Agency
Dated:
March 1, 2004
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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 1st day of March, 2004, I caused to be sent by facsimile transmission and placed in the United States mail (first class, postage paid) copies of "DEFENDANT'S AMENDED WITNESS LIST" addressed as follows: John C. McManus, Esq. McManus & Graham, LLP P.O. Box 95269 Atlanta, GA 30347 Fax: (404) 929-0370
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