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04101199, 18:28 FAX 3037882777 BURINS FICA & WILL 16003 <br /> BURNS, F1GA S Wit-L, P.C. <br /> Cheryl A.Linden.,Raq- <br /> A.pril 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 they states that the znerno 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 mr-a zopy of this memo. <br /> Interrogatory No. 19. The reason for the request for itemisation i,n 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. 1 cannot understand objecting to a discovery request because <br /> the Casa Management Order sets up deadlines for motions far partial summary judgment. This <br /> is a not a valid objection. If the Division has facts supporting these afrumative 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 defenses, they should be withdrawn immediately.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, othw wise, we will move for summary judgment and request that any facts <br /> disclosed far flee first time in response thereto, be excluded as a sanction for not responding to <br /> legitimate discovery requests. <br /> R.equest 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 mina sites- Your response raises <br /> copyright concems, Who holds a copyright on all or past of this program? Please produce the <br /> program. <br /> Because of the upcoming deposition of Steve Renner, I would like DMG's supplexuants <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 /> Cx ey�'windexson <br /> GPAaIh " <br /> Deborah Quinn,Esq. <br /> 170 'd 9i:iT 66, '9 Jdd 8SSi99KOi=:xp_� <br />