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
402-393-8059w
402-393-1825f
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:
Lisa N. Wolford
402-393-8059w
402-393-1825f
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
402-393-8059w
402-393-1825f
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 â47â in AK-47 in the sentence where your comment appears.
We are aiming to get it out the door today. The clerkâs 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 â 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
One minor change, I turned on tracking changes you should see it easily. Thanks. It is well written.
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.
âBeyond cavilâ means âbeyond disputeâ â to keep it simple, Iâll 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 Plaintiffâs 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, Plaintiffâs 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. (Flanaganâs affidavit is attached to the Plaintiffâs Notice of Voluntary Dismissal.) For your reference, the Plaintiffâs Amended Complaint, the Notice of Voluntary Dismissal, and Flanaganâs 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 Flanaganâs 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 âmend the holdâ 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 Plaintiffâs 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 Billâs 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. Itâs comprehensive in its coverage of the issues. Well done! I only have a couple of comments. at page 12 2nd Paragraph
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