RE: Talmage--Draft Answers to Discovery Requests (6)All—
These answers are due by next Tuesday. I need your answers by Friday of
this week.
1. I made the changes suggested by Bill. They are attached with
his changes.
2. I talked to Rich and got the answer to interrogatory no. 12
3. The short list---the following I still need help on.
Answer to Interrogatory No. 8--- identify person most knowledgeable FAA
officials/employees with whom YOU have communicated relative to the
Defendants’ efforts to upgrade the Kalispell Municipal Airport from 1995
to the present.
Answer to Interrogatory No. 9--- identify person most knowledgeable FAA
official/employee with whom YOU have communicated relative to the need
to fence all or portions of the airport, and the manner in which it
needs to be fenced.
Answer to Interrogatory No. 9--- identify person most knowledgeable
Homeland Security official/employee with whom YOU have communicated
relative to the need to fence all or portions of the airport, and the
manner in which it needs to be fenced.
INTERROGATORY NO. 14: IDENTIFY other properties located adjacent to the
Kalispell Municipal Airport that have their access to runways fenced off
or limited in any way, or to any extent, due to non payment of user fees
or taxes by a previous current owner.
ANSWER: (Fred—need your help here).
INTERROGATORY NO. 19: IDENTIFY the date when the CITY purchased the
property known as Red Eagle Aviation, the purchase price of said
property, and the funding thereof.
ANSWER: (Fred and Charlie—need your help here).
INTERROGATORY NO. 20: IDENTIFY the approximate date and the
name of the entity that performed the DEQ ground soil toxicity and
ground water contaminant testing (Phase I and Phase II) relating to the
purchase of the Red Eagle property as described in the preceding
Interrogatory.
ANSWER: (Fred and Charlie—need your help here).
INTERROGATORY NO. 24: Please provide the gross revenues received by the
Defendants for fuel flowage fees assessed on fuel purchases by Red Eagle
Aviation and Plaintiffs from 1995 to the present.
ANSWER: Objection: relevant, overbroad, unduly burdensome
and not reasonably calculated to lead to the discovery of otherwise
admissible and relevant evidence. In addition, certain portions of this
request are not within the possession or control of the city. Subject
to said objections, and without waiving same, the City provides the
following information:
(Fred and Rich—need your help here)
REQUEST FOR PRODUCTION NO. 26: Please produce copies of al [sic]
ordinances [sic] minutes, directives, letters, memoranda or writings of
ANY kind, whether hard copy or computer generated, relating to the fuel
flowage charges.
RESPONSE: (Fred and Charlie—need your help here)
REQUEST FOR ADMISSION NO. 5: Please admit that the CITY entered into an
agreement with Plaintiffs’ predecessor in interest, Bill Hewson, to
waive all past due user fees in return for Hewson’s agreement not to
make a claim against the CITY for damage to an aircraft that allegedly
occurred because of disrepair condition at the Kalispell Municipal
Airport.
RESPONSE: Objection: relevant and would not lead to the
discovery of otherwise admissible and relevant evidence. Subject to
said objection, and without waiving same, the City’s answer is as
follows:
(Fred and Charlie—need your help here)
INTERROGATORY NO. 24: Please provide the gross revenues received by the
Defendants for fuel flowage fees assessed on fuel purchases by Red Eagle
Aviation and Plaintiffs from 1995 to the present.
ANSWER: Objection: relevant, overbroad, unduly burdensome
and not reasonably calculated to lead to the discovery of otherwise
admissible and relevant evidence. In addition, certain portions of this
request are not within the possession or control of the city. Subject
to said objections, and without waiving same, the City provides the
following information:
(Fred and Charlie—need your help here)
REQUEST FOR PRODUCTION NO. 26: Please produce copies of al [sic]
ordinances [sic] minutes, directives, letters, memoranda or writings of
ANY kind, whether hard copy or computer generated, relating to the fuel
flowage charges.
RESPONSE: (Fred and Charlie—need your help here)
REQUEST FOR ADMISSION NO. 5: Please admit that the CITY
entered into an agreement with Plaintiffs’ predecessor in interest, Bill
Hewson, to waive all past due user fees in return for Hewson’s agreement
not to make a claim against the CITY for damage to an aircraft that
allegedly occurred because of disrepair condition at the Kalispell
Municipal Airport.
RESPONSE: Objection: relevant and would not lead to the
discovery of otherwise admissible and relevant evidence. Subject to
said objection, and without waiving same, the City’s answer is as
follows:
(Fred and Charlie—need your help here)
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immediately at (406) 755-2225 and ask to speak to the sender of the
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Thank you for your assistance.
Todd A. Hammer
Hammer, Hewitt, Jacobs & Floch, PLLC
100 Financial Drive, Suite 100
P.O. Box 7310
Kalispell, MT 59904-0310
Telephone No: (406) 755-2225
Facsimile No: (406) 755-5155
e-mail: toddhammer@attorneysmontana.com
<mailto:toddhammer@attorneysmontana.com>