Re: Cynowa v. CSSS, et al. -- draft summary judgment brief & Slater affidavit

["Wolford Lisa" <lisa@csss.net>]

Congrats-you deserve it-I am sure it was a hard fought case

Lisa N. Wolford,President & CEO, 402-871-3310, lisa@csss.net

Haytham <haytham@puckettfaraj.com> wrote:

I think I have all the emails. I won my other case. It was a huge victory.

Haytham Faraj
Sent from my iPhone

On Jan 18, 2011, at 8:07 PM, "Wolford Lisa" <lisa@csss.net> wrote:

> Some of the emails I responded to earlier today failed, only the ones
sent to you.  Neal probably called you to let you know.  HOpe all turned
out well in your other case.
>
> Lisa N. Wolford
> CSSS.NET
> 402-393-8059w
> 402-393-1825f
> www.csss.net
> SDVOB, 8(a)/SDB & WOB - TS clearances
>
> From: Haytham [mailto:haytham@puckettfaraj.com]
> Sent: Tue 01/18/2011 4:46 PM
> To: Wolford Lisa
> Cc: McQuillen William
> Subject: Re: Cynowa v. CSSS, et al. -- draft summary judgment brief &
Slater affidavit
>
> Roget. Out.
>
> Haytham Faraj
> Sent from my iPhone
>
> On Jan 18, 2011, at 5:27 PM, "Wolford Lisa" <lisa@csss.net> wrote:
>
>> testing
>>
>> Lisa N. Wolford
>> CSSS.NET
>> 402-393-8059w
>> 402-393-1825f
>> www.csss.net
>> SDVOB, 8(a)/SDB & WOB - TS clearances
>>
>> From: Wolford Lisa
>> Sent: Tue 01/18/2011 3:21 PM
>> To: Kevin Duff; 'Haytham Faraj'; slater@billslater.com
>> Cc: 'John E. Murray'; 'Kathleen M. Pritchard'
>> Subject: RE: Cynowa v. CSSS, et al. -- draft summary judgment brief &
Slater affidavit
>>
>> That was an error on my part.
>>
>> Lisa N. Wolford
>> CSSS.NET
>> 402-393-8059w
>> 402-393-1825f
>> www.csss.net
>> SDVOB, 8(a)/SDB & WOB - TS clearances
>>
>> From: Kevin Duff [mailto:kduff@rddlaw.net]
>> Sent: Tue 01/18/2011 3:18 PM
>> To: Wolford Lisa; 'Haytham Faraj'; slater@billslater.com
>> Cc: 'John E. Murray'; 'Kathleen M. Pritchard'
>> Subject: RE: Cynowa v. CSSS, et al. -- draft summary judgment brief &
Slater affidavit
>>
>> Thank you Lisa.  Can you please clarify your first comment/change?  It
appears to relate to the ?47? in AK-47 in the sentence where your comment
appears.
>>
>>
>>
>> We are aiming to get it out the door today.  The clerk?s office closes
at 4:30 p.m.  If we do not get it filed today, it will be filed tomorrow.
After filing the motion, we will present it to the Court on either
Thursday or Friday.  At that time, I expect the Court to set a briefing
schedule ? that is, the time for the Plaintiff to respond and for us to
file a reply.  The presiding judge in the courtroom where we must appear
also may assign the motion to another judge to hear.  We will keep you
apprised.
>>
>>
>>
>> From: Wolford Lisa [mailto:lisa@csss.net]
>> Sent: Tuesday, January 18, 2011 2:35 PM
>> To: Kevin Duff; Haytham Faraj; slater@billslater.com
>> Cc: John E. Murray; Kathleen M. Pritchard
>> Subject: RE: Cynowa v. CSSS, et al. -- draft summary judgment brief &
Slater affidavit
>>
>>
>>
>> Kevin -
>>
>> One minor change, I turned on tracking changes you should see it
easily.  Thanks.  It is well written.
>>
>>
>>
>> Lisa N. Wolford
>>
>> CSSS.NET
>>
>> 402-393-8059w
>>
>> 402-393-1825f
>>
>> www.csss.net
>>
>> SDVOB, 8(a)/SDB & WOB - TS clearances
>>
>>
>>
>> From: Kevin Duff [mailto:kduff@rddlaw.net]
>> Sent: Tue 01/18/2011 11:38 AM
>> To: 'Haytham Faraj'; Wolford Lisa; slater@billslater.com
>> Cc: 'John E. Murray'; 'Kathleen M. Pritchard'
>> Subject: RE: Cynowa v. CSSS, et al. -- draft summary judgment brief &
Slater affidavit
>>
>> Haytham,
>>
>>
>>
>> Thank you for your comments.
>>
>>
>>
>> ?Beyond cavil? means ?beyond dispute? ? to keep it simple, I?ll change
it to the latter.
>>
>>
>>
>> We will not be able to get an affidavit from Flanagan along the lines
you suggest.  In fact, he disputes that he said anything to Bill Slater.
It is one of the challenges of the case.  On the one hand, the Plaintiff
has filed a verified pleading (i.e., the Amended Complaint) alleging that
Flanagan told Bill that the Plaintiff was dangerous and may have a gun.
The Plaintiff based this allegation on a privileged email that Larry
Carver gave to Plaintiff?s counsel.  In that email, Bill said that
Flanagan was the source of the statement he made to the VA police officer.
(Incidentally, we got a protective order to preclude the Plaintiff from
using the privileged email.)  The Plaintiff used that information to amend
his complaint and add Flanagan as a defendant.  In the amended complaint,
the Plaintiff alleges that Flanagan told Slater that the Plaintiff was
dangerous and had a weapon, gun, and/or AK-47.  Subsequently, Plaintiff?s
counsel got an affidavit from Flanagan in which, among attesting to other
things, he denies saying anything along those lines to Bill.  The
Plaintiff then voluntarily dismissed the claim against Flanagan, now
taking the position that Flanagan did not say those things to Slater.
(Flanagan?s affidavit is attached to the Plaintiff?s Notice of Voluntary
Dismissal.)  For your reference, the Plaintiff?s Amended Complaint, the
Notice of Voluntary Dismissal, and Flanagan?s affidavit are in the
pleadings we sent you.  It is our position that the fact that Flanagan
made the statement to Slater is a judicial admission that the Plaintiff is
estopped to deny because the Plaintiff verified this fact in his Amended
Complaint (albeit on information and belief).  We anticipate that this
will be part of our summary judgment reply brief, as we expect the
Plaintiff to attach Flanagan?s affidavit to his response.  We also intend
to file a motion in limine on this point in anticipation of trial.  In
addition to the judicial admission point, we may also assert the ?mend the
hold? doctrine in light of the fact that the Plaintiff used the assertion
that Flanagan made the statement in order to obtain leave to file his
Amended Complaint.  I am happy to discuss this further with you if you are
interested.
>>
>>
>>
>> We did request all documents relating to the Plaintiff?s military
record.  (See Request No. 10.) He responded that he does not maintain any
such records.  If you think it may be helpful, you could make a FOIA
request for his military record.  It is my understanding that through a
FOIA request you can get name, service number, rank, dates of service,
awards and decorations, and place of entrance and separation.  I agree
that the conversation with Adrowski at the truck is odd.  Among other
things, the chit-chat that the Plaintiff testified about, as well as the
fact that Adrowski escorted the Plaintiff back into the building to go
through his desk a second time, suggest that Adrowski had no concerns
about the Plaintiff actually having an AK-47 in his car.
>>
>>
>>
>> We will be pulling the appendix of exhibits to the summary judgment
brief together in an effort to get the motion on file today.  I welcome
any additional comments on the brief or Bill?s affidavit.
>>
>>
>>
>> Kevin
>>
>>
>>
>> From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
>> Sent: Tuesday, January 18, 2011 7:51 AM
>> To: 'Kevin Duff'; lisa@csss.net; slater@billslater.com
>> Cc: 'John E. Murray'; 'Kathleen M. Pritchard'
>> Subject: RE: Cynowa v. CSSS, et al. -- draft summary judgment brief &
Slater affidavit
>>
>>
>>
>> Kevin,
>>
>> This is very well written. It?s comprehensive in its coverage of the
issues. Well done!  I only have a couple of comments.  at page 12  2nd
Paragraph