Class "B" Intervenor's Response to Respondent's Request for Discovery 2/3/99
Class "B" Intervenors
GERALD A. SILVER, Class Representative
HOMEOWNERS OF ENCINO
(dba Stop the Noise!)
P. O. BOX 260205
ENCINO, CA 91426-0205
In Pro Per for Intervenors
BEFORE THE DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA
In the Matter of the
)
Case No. OAH No. L-1998040119
Application of:
)
CITY OF LOS ANGELES ,DEPARTMENT OF AIRPORTS
(VAN NUYS) Respondent.
) CLASS "B" INTERVENORS'
RESPONSE TO RESPONDENT'S REQUEST FOR DISCOVERY
) Pursuant to Government
) Code section 11507.6
PROPOUNDING PARTY: RESPONDENTS, CITY OF LOS ANGELES, DEPT. OF AIRPORTS
RESPONDING PARTY: CLASS "B" INTERVENORS
Class "B" Intervenors hereby responds under Government Code section 11507.6 to Respondents, City of Los Angeles, Department of Airport's (Van Nuys Airport) First Request for Discovery as follows:
In preparing these responses, Class "B" Intervenors have relied upon all information reasonably available to it. However, discovery, investigation and analysis are continuing and Class "B" Intervenors reserve the right to introduce evidence at future proceedings that may be subsequently discovered. Class "B" Intervenors reserve the right to supplement these responses when, and if, new information and documents become available to it.
I. GENERAL OBJECTIONS
Class "B" Intervenors incorporate the following General Objections into its specific responses to each and every demand:
1. Class "B" Intervenors object to each and every request to the extent that they call for information protected by the attorney-client privilege, work product doctrine, and/or the right of privacy and by other applicable protection from discovery.
2. Class "B" Intervenors object to each and every request to the extent each seeks information that is neither relevant to the subject matter of this action, nor reasonably calculated to lead to the discovery of admissible evidence.
3. Class "B" Intervenors object to each and every request to the extent that it is overly broad and burdensome. Class "B" Intervenors cannot, without the expenditure of enormous work hours, effort and expense respond to these aspects of each request.
4. Class "B" Intervenors object to each and every request to the extent that the request is vague and ambiguous.
II. RESPONSES TO REQUESTS
Class "B" Intervenors respond as follows:
REQUEST NO. 1:
Please list the names and addresses of witnesses, including, but not limited to, those intended to be called to testify at the hearing.
RESPONSE TO REQUEST NO. 1:
At this time, we have identified the expert witnesses listed below, as witnesses we intent to call at trial. In addition, discovery is continuing in this area, and we may seek to call additional witnesses with specialized knowledge of general aviaion hush kits. We will identify in a timely manner these witnesses when discovery is completed on this issue.
Dr. W. C. Meecham, Professor UCLA, Mechanical and Aerospace Engineering Department 48-121 Engineering IV 420 Westwood Plaza, Box 951597 Los Angeles, CA 90095-1597
REQUEST NO. 2:
Please produce all statements pertaining to the subject matter of this proceeding made by you to any other party or person.
RESPONSE TO REQUEST NO. 2:
In addition to our general objections, Class "B" Intervenors specifically objects to this request as it seeks information protected from discovery by the attorney-client privilege. It also seeks legal interpretations, conclusions, analysis, theories and/or opinions that are protected by the attorney work product privilege. Notwithstanding and not waiving these objections, we respond that we have no statements that are not privileged, other than the following:
Van Nuys Airport Helicopter Operations, 11 PM to 7 AM, Jan. 1, 1997 to July 31, 1997, prepared by Homeowners of Encino
Van Nuys Airport Flight Strip Data Arrivals/Departures, June 21, 1995 to March 31, 1997, prepared by Homeowners of Encino
REQUEST NO. 3:
Please produce all writings and other things you propose to offer into evidence at the hearing of this matter.
RESPONSE TO REQUEST NO. 3:
In addition to our general objections, Class "B" Intervenors specifically object to this request as it seeks information protected from discovery by the attorney-client privilege. It also seeks legal interpretations, conclusions, analysis, theories and/or opinions that are protected by the attorney work product privilege. Notwithstanding and not waiving these objections, we respond that discovery is continuing, and we have not yet finally determined which writings and other things we propose to offer into evidence. We will identify these documents in a timely manner as required by relevant statutes and regulations.
REQUEST NO. 4:
Please make available for inspection any investigative reports made by you on or your behalf, on behalf of any of your witnesses pertaining to the subject matter of the proceeding [City of Los Angeles' Van Nuys Airport Noise Variance Application] to the extent that these reports
(1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or
(2) reflect matters perceived by the investigator or witness, in the course of his or her investigation, or (
3) contain or include by attachment any statement or writing described in subsections (a) through (e), inclusive, of California Government Code section 11507.6.
RESPONSE TO REQUEST NO. 4:
In addition to our general objections, Class "B" Intervenors specifically objects to this request as it seeks information protected from discovery by the attorney-client privilege. It also seeks legal interpretations, conclusions, analysis, theories and/or opinions that are protected by the attorney work product privilege. Notwithstanding and not waiving these objections, we respond that we have no reports that are not privileged.
Dated: February 3, 1999
Class "B" Intervenors
Gerald A. Silver, President Homeowners of Encino
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