Free Response to Motion - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 224-3

Filed 10/12/2006

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00001 1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS 2 3 CAROL AND ROBERT TESTWUIDE, ) et al., ) 4 ) Plaintiffs, ) 5 ) v. ) NO. 01-201L 6 ) Judge Victor J. Wolski THE UNITED STATES OF AMERICA, ) 7 ) Defendant. ) 8 9 10 11 DEPOSITION UPON ORAL EXAMINATION OF HERBERT A. STOKELY 12 TAKEN ON BEHALF OF THE DEFENDANT 13 14 Virginia Beach, Virginia 15 July 25, 2005 16 17 18 Appearances: 19 20 21 22 23 24 25 HOFHEIMER/FERREBEE, P.C. By: KRISTEN D. HOFHEIMER, ESQUIRE And QUINN, GORDON & WOLF By: KIERON QUINN, ESQUIRE Counsel for the Plaintiffs

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Case 1:01-cv-00201-VJW

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00026 1 11 at night, depending on the weather and the wind direction 2 so on and so forth, the planes will often be over my house, 3 or nearby. On the other hand, if the wind is from another 4 direction, they are over other people's houses. 5 Q. 6 A. Have you ever been woken up at night by the jets? I'm a very good sleeper. I do often defer my

7 bedtime until they quiet down because it is disturbing to 8 try to go to sleep when they are flying, so I would normally 9 try to go to sleep after 11. If I did need to go to sleep 10 earlier, the answer to your question is yes, it has 11 disturbed me. If not impossible. 12 Q. 13 A. To fall asleep? When the planes are directly overhead during

14 FCLP. 15 Q. 16 A. Do you know the plaintiffs in this case? Hal Levinson told me that he was a plaintiff.

17 Other than that, no, I don't. Or I don't know who they are. 18 So I may know them, but I don't know who they are. 19 Q. 20 A. 21 Q. 22 A. 23 Q. 24 A. Do you know where Mr. Levinson lives? Yes. Would you say you are familiar with his property? Yes. Where does he live in relation to you? He lives, I would think, about two miles perhaps

25 west of me.

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Case 1:01-cv-00201-VJW
00027 1 Q. 2 A.

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Have you seen jets fly in or around his home? His experience with the jets is very much like

3 mine. 4 Q. 5 A. 6 Q. 7 A. 8 Q. From your observation? Uh huh. I'm sorry. You'll have to answer yes or no. What was the question? I was asking if your -- if you were gauging that

9 from your experience? 10 A. 11 Q. 12 A. 13 Q. 14 A. 15 Q. That is from my experience, yes. From your observation at his home? Yes. We're not able to record the nods of the head. I understand. Please help me as I do this. It's no problem. I do that too.

16 And Mr. Levinson is also a member of CCAJN; is 17 that right? 18 A. 19 Q. Yes. Does he talk to you about jet noise?

20 MR. QUINN: I can't hear a thing. 21 A. Mr. Levinson is a member of the CCAJN board of

22 directors, as I am. Most commonly we meet at Mr. Levinson's 23 house. So, yes, we definitely have talked about jet noise 24 together. And I have spent many hours at his home in CCAJN 25 meetings and am quite familiar with the environment there.

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