Appendix A
Defendants' Ex Parte Contacts
[Note: table reformatted for flexible web viewing]
3. Ex Parte Contacts with Defendants' Trial Attorneys
The following table lists the known ex parte contacts that
Dr. McManamon or Jason Roberts had with the attorneys who have
represented defendants in this litigation. It consists of those
contacts that plaintiffs were able to find in defendants' administrative
record and may not be complete . See end of table for footnotes
Date Nature of Contact Participants [References]
10/30/97 Meeting with White House staff to discuss issues
related to skeleton and site McManamon, Michael, Schiffer,
Simmons [COE 0002504-0002505]
4/20/98 Fax message re multiple topics, including possible
conference call to discuss proceedings and the Court's recommendations
to defendants Michael and Simmons to McManamon and others
[DOI 01698]
4/21/98 Fax; contents unknown R. Michael to McManamon
and others [See footnote 3]
4/30/98 Fax; contents unknown (see footnote 3) R. Michael
to McManamon and others [See footnote 3]
5/12/98 Fax; contents unknown (see footnote 3) R. Michael
to McManamon and others [See footnote 3]
5/12/98 Meeting with Coalition to discuss traditional histories,
DOI Approach to Documentation and other topics McManamon,
Simmons and others [COE 5594 DOI 02883]
7/14/98 Meeting with Coalition to discuss DOI's Approach to
Documentation and release of inventory list McManamon,
Simmons, Coalition [COE 5127-5128]
7/22/98 Memo enclosing documents filed with Court and offering
to respond to questions re the same Michael & Simmons
to McManamon and others [DOI 03295]
7/27/99 Meeting re results of nondestructive studies McManamon,
Coalition, Simmons, Roberts [DOI 04252 DOI 04410-04411]
9/22/99 Email describing procedures used for removal of C14
samples McManamon to Rumsey and others [DOI 04859-04864]
10/4/99 Email asking for input on fax to Coalition for meeting
to discuss cultural affiliation issues McManamon to Rumsey,
Simmons and others [DOI 04980]
10/5/99 Email discussing issues re DNA testing of skeleton
McManamon to Rumsey and others [DOI 04985]
10/8/99 Email re defendants' first phase study reports McManamon
to Rumsey and others [DOI 04998]
12/7/99 Email re discussion with Taylor on C14 date (see footnote
3) McManamon to Rumsey and others [See footnote 3]
12/10/00 Email re Wakeley comments on dating of the discovery
site McManamon to Rumsey and others [DOI 05303-05305]
12/10/99 Email re Huckleberry comments on C14 questions McManamon
to Rumsey and others [DOI 05306-05307]
12/10/99 Email re reports from C14 experts McManamon to
Rumsey and others [DOI 05348-05352]
1/7/00 Email re C14 tests on skeleton McManamon to Rumsey
and others [DOI 05774]
1/13/00 Letter re Court deadlines (see also footnote 3) Rumsey
to McManamon and others [See footnotes 3, 4]
3/22/00 Email suggesting response to Schneider for Owsley
meeting McManamon to Rumsey and others [See footnote 3]
3/22/00 Email re second examination of skeleton (see footnote
3) McManamon to Rumsey, Bevan and others [See footnote
3]
4/8/00 Email transmitting final draft of DNA plan and other
topics McManamon to Bevan, Rumsey and others [DOI 08278]
4/9/00 Email transmitting revised draft of DNA plan McManamon
to Rumsey and others [DOI 08304]
5/15/00 Email scheduling conference call to discuss DNA testing
Roberts to Rumsey, Simmons and others [DOI 08541]
5/17/00 Email re bone chemistry analysis and DNA sample selection
McManamon to Bevan, Rumsey and others [DOI 08547]
5/26/00 Email re DNA testing (see footnotes 3, 4) McManamon
to Bevan, Rumsey and others [See footnotes 3, 4]
6/14/00 Email re consultation with Coalition and cultural
affiliation (see footnotes 3, 4) McManamon to Bevan, Simmons
and others [See footnotes 3, 4]
6/21/00 Memorandum enclosing information on cultural affiliation
and scheduling meeting with Coalition McManamon to Bevan,
Simmons and others [DOI 0869]
7/25/00 Email re cultural affiliation standard for NAGPRA
(see footnote 3) Bevan to Roberts [See footnote 3]
7/26/00 Response to Bevan email (see footnote 3) Roberts
to Bevan [See footnote 3]
7/28/00 Email re standard for establishing cultural affiliation
(see footnote 3) McManamon to Bevan [See footnote 3]
9/7/00 Email re research on Umatilla ICC proceedings (see
footnote 3) Bevan to Roberts and others [See footnote
3]
9/18/00 Email re "Disposition Determination" (see
footnote 3) McManamon to Bevan and others [See footnote
3]
9/18/00 Email re disposition of the Kennewick remains (see
footnote 3) McManamon to Bevan and others [See footnote
3]
9/18/00 Fax re "Draft Disposition Document" (see
footnote 3) McManamon to Bevan and others [See footnote
3]
1 This table includes only those communications in which
the listed persons were direct addressees (or senders). It does
not include communications sent to a person as a secondary recipient
(i.e., as a "cc"). Examples of the latter are too
numerous to list here.
2 Unless otherwise noted, all references in this table are
to pages in defendants' administrative record.
3 Document has been withheld by defendants on a claim of
attorney/client privilege. Therefore, the precise nature of
the topics discussed cannot be determined.
4 Listed on defendants' privileged list but not listed in
the administrative record
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