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04/01/9; 18:28 FAX 3037962777 BURNS FIGA & WILL Z 003 <br /> BURNS, FIGA & WILL, P.C. <br /> Cheryl A.Linden,Esq. <br /> April 1, 1999 <br /> Page 2 <br /> Interrogatory No. 10 references a memo from Daniel T. Matthews to Steven Renner <br /> dated November 23, 1998 and then states that the memo will not be produced because of the <br /> deliberative process and attorney work product privileges. My understanding is that neither of <br /> these individuals are attorneys and therefore, it is impossible for the attorney work product <br /> privilege to attach. Further, I have no knowledge of any sort of"deliberative process" privilege <br /> that can attach in litigation. Therefore,please send me a copy of this memo. <br /> Interrogatory No. 19. The reason for the request for itemization in this interrogatory is <br /> because the "statement of funds received and paid: Coal Basin Mine Reclamation Account" <br /> dated January 21, 1998 is not a complete accounting of funds expended by the Division as of that <br /> date. Please provide the detail requested in Interrogatory No. 19. <br /> Interrogatories No. 23 -28. I cannot understand objecting to a discovery request because <br /> the Case Management Order sets up deadlines for motions for partial summary judgment_ This <br /> is a not a valid objection. If the Division has facts supporting these affirmative defenses, they <br /> should be disclosed immediately. Alternatively, if there are no facts supporting these affirmative <br /> defenses, they should be withdrawn immediately. Please provide the facts supporting these <br /> affirmative defenses, otherwise, we will move for summary judgment and request that any facts <br /> disclosed for the first time in response thereto, be excluded as a sanction for not responding to <br /> legitimate discovery requests. <br /> Request for Production No. 7. The cost estimating computer program requested in No. 7 <br /> is the one developed by state employee, Tom Gillis, at taxpayers' expenses and is used <br /> exclusively by the Division to establish costs for reclamation of mine sites_ Your response raises <br /> copyright concerns. Who holds a copyright on all or part of this program? Please produce the <br /> program. <br /> Because of the upcoming deposition of Steve Renner, I would like DMG's supplements <br /> to the above-referenced discovery requests by April 7, 1999. If you have any questions or <br /> concerns regarding this matter,please contact me. <br /> Sincerely, <br /> BURNS,FIGA & WILL, P.C. <br /> -6-6:, <br /> Gpoffidy derson <br /> GPA:Ilh <br /> cc: Deborah Quinn,Esq. <br />