Plaintiffs' Reply Memorandum filed June 4, 2001
Appendix D
[Note: table reformatted for flexible web viewing]
Plaintiffs' Participation in Administrative Process.
1. Meetings
The following table lists the one meeting between plaintiffs
and defendants in which information was provided to, or requested
from plaintiffs, concerning matters involved in defendants' administrative
process. See end of table for text of footnotes.
Date Nature of Contact Participants [References]
10/28-29/98 Plaintiffs' visit to Battelle to inventory the
skeleton* Owsley, Chatters, Trimble and others
[COE 1352-11365]
*In response to Court order or instructions
2. Telephone Conferences
The following table lists the teleconferences between plaintiffs
and defendants in which information was provided to, or requested
from plaintiffs, concerning matters involved in defendants' administrative
process. See end of tables for text of footnotes.
Date Nature of Contact Participants [References]
12/4/97 Teleconference concerning the studies requested by
plaintiffs Curtis, Kirts, Jantz, Owsley, Bonnichsen, Barran,
Schneider [DOI 02078-02112; COE 6705b]
6/9, 6/10, 6/24, 6/29/98 Teleconferences re curation of the
skeleton* Trimble, Leckie [COE 02342-2344, 02341,
02333-02334, 02324-02325]
9/2, 9/4, 9/5, 9/6/98 Teleconferences concerning inventory
process* Trimble, Owsley [COE 02287-02289]
3/24/00 Teleconference on sampling for DNA testing* McManamon,
Roberts, Bevan, Rumsey, Owsley, Schneider [DOI 07920 DOI
08075]
*In response to Court order or instructions
3. Letters and Other Forms of Remote Communication
The following table lists the letters and other forms of remote
communication between plaintiffs and defendants in which information
was provided to, or requested from plaintiffs, concerning matters
involved in defendants' administrative process. See end of tables
for text of footnotes.
Date Nature of Contact Participants [References]
1/23/97 Documents produced in response to plaintiffs' motion;
defendants refuse to permit deposition of Lt. Col. Curtis Zane
and Simmons to Barran and Schneider [COE 8249a-c]
1/31/97 Letter enclosing the Corps' response to persons who
submitted comments on the discovery Zane and Simmons to Schneider
and Barran [COE 8263]
8/1/97 Letter denying request for further production of documents
Zane to Schneider [COE 7235-7237]
9/5/97 Letter acknowledging the transmittal of area map and
soil profile, and requesting information on laboratory tests
"definitive for determining 'Native American'" Curtis
to Schneider [COE 7128-7129]
10/8/97 Letter inviting plaintiffs to meet with Corps in Walla
Walla, WA Curtis to Schneider [COE 6896]
6/4/98 Letter inviting comments on DOI Draft Approach to Documentation
Michael to Barran [DOI 02940]
June 1998 Curation documents provided to plaintiffs (see fn.
2) Michael to Schneider [DOI 02945]
7/11/98 Letter refusing to provide a list of alternate curation
facilities and asking plaintiffs to propose such a list Michael
and Simmons to Barran [DOI 03221]
10/21/98 Letter re details for conducting collection inventory
ordered by the Court Trimble to Owsley [COE 02183-02184]
2/18/99 Letter naming experts to perform first phase studies
of the skeleton Rumsey to Schneider [DOI 04177 - 4178]
8/3/99 Fax letter asking for names of experts qualified to
C14 date the skeleton Rumsey to Schneider [DOI 04499]
2/24/00 Letter requesting confirmation of the studies requested
by plaintiffs Rumsey to Schneider [DOI 07240-07241]
3/14/00 Letter requesting names of experts or laboratories
to conduct DNA tests (see fn. 2) Rumsey to Barran and Schneider
[DOI 07831]
3/21/00 Letter requesting feedback on DNA study plan (see
fn. 2) Rumsey to Barran, Schneider [DOI 08124]
Various dates Letters related to FOIA requests: 'denying'
or 'no final determination'; charges; status to complete. Corps
to Schneider
[COE 7202, COE 7077, COE 7088, COE 4302, COE 4162, COE 5381a,
COE 5254a, COE 5253, COE 4159a]
December 1999 Photographs of skeleton provided to plaintiffs
(see fn3)
October 2000 Copies of Datalogger records from10/10/98 to
5/18/00 provided to plaintiffs (see fn. 3)
February 2001 CT scan computer data provided to plaintiffs
(see fn. 2)
March 2001 Copies of x-rays provided to plaintiffs at plaintiffs'
expense
1 References are to page numbers in defendants' administrative
record.
2 In response to Court order or instructions.
3 Required by paragraph 9 of the Revised MOA executed in connection
with transfer of the skeleton to the Burke Museum.
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