Joint Status Report - Appendix

Case 1:08-cv-00700-FMA
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APPENDIX
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INDEX TO APPENDIX
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Letter from Kent Kiffner to James Reed,

dated September 22, 2011 ...........................................................................App. 1
Excerpts from Matthew Bayer Deposition,
dated August 23, 2011 ................................................................................App. 4
Excerpts from letter from James Reed to Kent Kiffner,
dated August 31, 2011 ..............................................................................App. 15
dated October 21, 2011 .............................................................................App. 22
dated November 7, 2011 ...........................................................................App. 24
Letter from David Harrington to James Reed,
dated April 10, 2012 .................................................................................App. 26
Email from James Reed to David Harrington,
dated April 12, 2012 .................................................................................App. 28
dated October 2, 2012 ...............................................................................App. 29
Email from David Harrington to James Reed,
dated November 2, 2012 ...........................................................................App. 30
dated January 2, 2013 ...............................................................................App. 31
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dated January 11, 2013 .............................................................................App. 34
dated January 14, 2013 .............................................................................App. 35
Letter with enclosures from David Harrington to James Reed,
dated May 1, 2013.....................................................................................App. 37
ATF Memorandum to Thomas Brandon,
dated June 27, 2013...................................................................................App. 48
ATF Memorandum to William D. Newell,
dated July 24, 2013 ...................................................................................App. 49
Excerpts from Trial Transcript,
dated June 10, 2013...................................................................................App. 50
dated June 11, 2013...................................................................................App. 53
dated June 17, 2013...................................................................................App. 56
Email from James Reed to Stuart Delery, Jeanne Davidson, Donald Kinner,
and David Harrington,
dated March 21, 2013 ...............................................................................App. 62
dated April 19, 2012 .................................................................................App. 65
Excerpt from United States Court of Federal Claims CM/ECF Docket.........App. 68
dated June 12, 2013...................................................................................App. 69
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dated June 21, 2013...................................................................................App. 72
Email from Christopher Trainor to Gregory Plott,
dated July 2, 2013 .....................................................................................App. 76
Transcribed phone conversation between Christopher Trainer and
Charles Higman,
dated July 2, 2013 .....................................................................................App. 77
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UNITED STATES
COURT OF FEDERAL CLAIMS
JAY ANTHONY DOBYNS,
Plaintiff,
v.
UNITED STATES,
Defendant.
Pages:
1 through 193/299
Place:
Tucson, Arizona
Date:
June 10, 2013
)
)
)
)
)
)
)
)
)
Docket No.:
08-700C
HERITAGE REPORTING CORPORATION

Official Reporters
1220 L Street, N.W., Suite 600
Washington, D.C. 20005-4018
(202) 628-4888
contracts@hrccourtreporters.com
App. 50
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1
IN
THE
UNITED
STATES
COURT
JAY ANTHONY DOBYNS,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
UNITED STATES,
Defendant.
OF
FEDERAL
Docket No.:
CLAIMS
08-700C
Room 6-A
Evo A. DeConcini
U.S. Courthouse
405 W. Congress St.
Tucson, Arizona 85701
Monday,
June 10, 2013
The parties met, pursuant to notice of the
Court, at 10:05 a.m.
BEFORE:
HONORABLE FRANCIS M. ALLEGRA

Judge
APPEARANCES:
For the Plaintiff:
JAMES R. REED, Esquire
Baird, Williams, and Greer, LLP
6225 North 24th St.
Phoenix, AZ 85016
(602) 256-9400
Heritage Reporting Corporation

(202) 628-4888
App. 51
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2
APPEARANCES:
(Cont'd)
For the Defendant:

DAVID A. HARRINGTON, Esquire
DAVIS OLIVER, Esquire
U.S. Department of Justice
PO Box 480
Ben Franklin Station
Washington, D.C. 20044
(202) 616-0465

(202) 628-4888
App. 52
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MR. HARRINGTON:
Your Honor, we may be
staging some witnesses down in the U.S. Attorney's
Office on the third floor.
THE COURT:
I assume that that's okay.
That's fine.
You stage them
wherever you want as long as you can get them within
relative speed.
7
8
9
MR. HARRINGTON:
Very good.
Thank you, Your
Honor.
THE COURT:
All right.
My impression is
10
that both of you probably would invoke Rule 615 if
11
given the opportunity, but is at least one of you
12
going to be invoking it?
13
invokes it first?
14
15
MR. HARRINGTON:
Do either of you care who
The United States will be
invoking it, Your Honor.
16
THE COURT:
17
MR. REED:
18
THE COURT:
All right.
Plaintiff invokes it as well.
And so, just to be clear, under
19
615, Mr. Dobyns, obviously can stay in the courtroom
20
under that rule.
21
Harrington, that is going to play some role with
22
respect to a person whose presence -- or in your case,
23
an officer of a party being designated essentially as
24
a representative?
25
Is there a particular person, Mr.
MR. HARRINGTON:
Your Honor, Ms. Bowman is

(202) 628-4888
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effectively ATF's representative.
anyone else that we are designating as the
representative.
event so it should be a non-issue from our side.
We don't have
And she is not testifying in any
THE COURT:
Very good.
Okay.
All right, so
615 is invoked.
Let me just explain a few more
aspects of what that means.
a couple of things so one again it means that you need
to police the courtroom.
All right, so that means
Two, so make sure, for
10
example, that if you do stage a witness in one of
11
these back rooms here and all of a sudden you hear the
12
door open and somebody strolling in, somebody should
13
be turning around and making sure because I'm not
14
going to know whether that person is appropriate in
15
the courtroom or not -- only you are.
16
Second thing is is once a witness has taken
17
the stand, that's it for counsel having contact with
18
them in terms of further types of preparation or the
19
like.
20
rule, the way that rule has been interpreted, that
21
means no further preparation of that witness.
22
we break over night or break over lunch or the like,
23
you cannot have further conversations, Counsel cannot
24
have further conversations with that witness.
25
Understood, Mr. Reed?
So once a witness takes the stand, under the

(202) 628-4888
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So if
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MR. REED:
just as to the case?
with my client?
THE COURT:
I do, Your Honor, but is that

I mean, can I still go to dinner
You can go to dinner with your
client and talk about the Diamondbacks, but you can't
go and talk to him about the subject matter of the
case.
school football looks like around here in the Fall,
so.
10
11
Or maybe you can talk to him about what high
MR. REED:
I was going to say it's more
likely U of A football, but I understand.
12
THE COURT:
All right, but no, not the
13
subject matter of the case.
14
after he's called, if you're in contact with him
15
during the time before his testimony is completed.
16
MR. REED:
17
THE COURT:
18
So if he -- than that is
Yes, sir.
Okay.
Any questions about that,
Mr. Harrington?
19
MR. HARRINGTON:
There is one nuance here,
20
Your Honor.
Christopher Trainor, who prepared the
21
report of investigation that -- about the fire
22
investigation, he will be testifying here in Tucson.
23
Mr. Reed has asked that he also testify in Washington,
24
D.C.
25
second report of investigation regarding the
That is for the reason that he is working on a

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withdrawal of credentials.
completion.
but he is likely to testify in Washington, D.C. on
that discrete topic.
that hasn't been finalized yet.
That is nearing its
It has not been reviewed and finalized,
And frankly, it's about a report
I'd just like to clarify that after he's
excused here, given that he's testifying about
something entirely different and something that we
have been unable to talk to him about because it's a
10
process that's not done, that it would be okay in the
11
interim between the trial in Tucson and Washington,
12
D.C. to speak to Mr. Trainor.
13
THE COURT:
14
MR. HARRINGTON:
15
THE COURT:
16
MR. REED:
I would stipulate to that, Your
THE COURT:
All right, so that's fine, Mr.
17
18
19
About that subject.
Is that okay, Mr. Reed?
Honor.
Harrington.
20
MR. HARRINGTON:
21
THE COURT:
22
About that subject.
Thank you, Your Honor.
All right, and any other
questions about Rule 615?
23
MR. REED:
No, sir.
24
THE COURT:
No.
Mr. Harrington?
25
MR. HARRINGTON:
No, Your Honor.

(202) 628-4888
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THE COURT:
All right.
Let's talk about Mr.
Gillett.
filed on Friday.
about the attempt of serving the subpoena on Mr.
Gillett.
The All Writs Act does apply to this court.
court that was created by an Act of Congress.
all you need for the All Writs Act.
I read the document and affidavit that you

I think it was Friday, Mr. Reed,
I did a little research over the weekend.

This is a
That's
One of the writs -- the traditional Writs is
10
an order a body attachment.
11
and the Marshals go and they bring me the body that's
12
in the -- that's identified in the writ.
13
to, I will do that, all right?
14
conversation with the Marshal about that -- about that
15
process.
16
Basically I issue a writ
If we need
And I've already had a
I don't know, Mr. Harrington, if any of the
17
government employees that you are working with have
18
some ability to communicate to Mr. Gillett the
19
possible ramifications of his conduct, but I'm willing
20
to give him a little time to see if he surfaces.
21
I'm not going to order you to do that, but it's
22
conceivable that someone might be able to speak sweet
23
reason to him because I don't envy bringing a retired
24
ATF agent to court in cuffs, but if I have to, I will.
25
And
So basically, at this point, I've already

(202) 628-4888
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Joint Status Report - Appendix

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Case 1:08-cv-00700-FMA

Letter from Kent Kiffner to James Reed,

Letter from David Harrington to James Reed,

Excerpts from Trial Transcript,

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June 10, 2013

HERITAGE REPORTING CORPORATION

JAY ANTHONY DOBYNS,

HONORABLE FRANCIS M. ALLEGRA

Heritage Reporting Corporation

For the Defendant:

Heritage Reporting Corporation

Your Honor, we may be

staging some witnesses down in the U.S. Attorney's

Office on the third floor.