ML20045A910
| ML20045A910 | |
| Person / Time | |
|---|---|
| Issue date: | 06/09/1993 |
| From: | Daniel Shapiro NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| 93-01-PF, 93-1-PF, 93-373-01-PF, 93-373-1-PF, NUDOCS 9306150281 | |
| Download: ML20045A910 (10) | |
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED ATOMIC SAFETY AND LICENSING BOARD US NRC ALJ Before Administrative Law Judge Morton B. Margulies DocNumber 26
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In the Matter Of
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Docket No. 93-01-PF
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LLOYD P.
ZERR
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ASLBP No. 93-673-01-PF
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l NRC MOTION FOR DEPOSITION OF DEFENDANT LLOYD P.
ZERR Pursuant to 10 CFR S 13.21(d), the NRC respectfully moves this court for an order requiring the defendant, Lloyd P.
- Zerr, to submit to a deposisition conducted by the NRC on or before i
June 24, 1993 as set forth in the attached copy of " Notice of Request for Deposition of Defendant" (" Attachment A").1 As explained below, the purposes of the NRC discovery request satisfies the grounds for discovery as established in 10 C.F.R.
S
- 13. 21(d) ( 3).
The Defendant has not provided reasoned justification for the denial of the discovery and his stated objections are too vague to respond to.
The scope of this deposition will include the subject matter of the complant filed in this lawsuit.
Specifically, the NRC intends to explore the following subject areas:
(1) false 1 In accordance with the Scheduling Order dated May 20, 1993, counsel for the NRC submitted a copy of this disoverf to Defendant's counsel on May 24, 1993.
On June 4, 1993, the NRC received the attached " Objections to NRC Discovery Request"
(" Attachment B").
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overtime submissions, (2) false claims for furniture rental, (3) l false claims for car rental, (4) false claims for housing rental, 1
(4) false claims for reimbursement _for. meals and incidental expenses, and (5) false claims for use of a person vehicle.
f A deposition of Mr. Zerr is necessary in this case.
Mr.
5 Zerr has never been deposed regarding this lawsuit _and has not_
been interviewed regarding the entire scope of the subject mattcr of this lawsuit.
The earlier interviews of the Defendant l
conducted by the Office of the Inspector General focused primarily on the allegation of fraudulent overtime submissions and did not explore the other allegations pertinant.to this lawsuit.
Moreover, the interviews were not transcribed and taken under oath for use at trial.
This deposition, along with other discovery, is expected to simplifiy ano narrow issues for hearing and thus eliminate the-need to call certain witnesses and introduce evidence of facts and issues which could be resolved through discovery.
This deposition will not cause any undue hardship or unnecessary' cost to Mr. Zerr.
The NRC proposes to conduct the deposition at its headquarters in Rockville, Maryland.
Mr. Zerr lives in the area and works in Iethesda, Maryland.
Counsel for Mr. Zerr has his office in Rockville, Maryland.
This deposition will not cause any delay in this proceeding j
and is in keeping with this court's May,120, 1993, scheduling j
order.
The NRC anticipatos the deposition lasting less than one l
day.
Finally, the NRC is not seeking privileged information by k
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3 requesting this deposition and the defendant may, of course, object to any questions which will illicit privileged information.
For these reasons, the NRC respectfully moves this court for an order allowing the NRC to depose the defendant, Lloyd P.
- Zerr, on or before June 24, 1993.
Respectfully submitted,
)
I n fl uk Jryl(IM shaprr6 Roger K.
avis U.
S.
Nuclear Regulatory Commission office of the General Counsel Mail Stop 15 B18 Washington, D.C.
20555 Tel. 301/504-1606 Attorneys for the NRC DATED:
June 9, 1993
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSIliG BOARD Before Administrative Law Judge Morton B. Margulies
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In the Matter of
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Docket No. 93-01-PF
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LLOYD P.
ZERR
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ASLBP No. 93-673-01-PP
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Fotice of Reauest for Deoosition of Defendant The United States Nuclear Regulatory Commission ("NRC"), by its attorneys, hereby notices its request for a deposition of defendant, Lloyd P.
Zerr, under oath, before a court reporter duly authorized to administer oaths under the law, on June 22, 1992, commencing at 9:30 a.m.,
at the offices of the NRC, Room 16 B 11, One White Flint North, 11555 Rockville Pike, Rockville, MD.
Respectfully submitted, I
W Roger ljy Davis Daryl M. Shapiro U. S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop 15 B18 Washington, D.C. 20555 Tel. 301/504-1606 or 1631 Attorneys for the NRC DATED:
May 24, 1993
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i CERTIFICATE OF SERVICE-I hereby certify-that I caused service of a copy of the.
foregoing Notice of Request for Deposition of Defendant by hand i
delivery to the office of counsel for Defendant,. Timothy R.
Clarke, 5 North Adams Street, Rockville,'MD, 20850, this 04th day of May, 1993.
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Roger R. Davis i
U.S. Nuclear Regulatory Commission
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office of the General Counsel I
Mail Stop 15 B18 j
Washington, DC 20555 Tel. 301/504-1606 i
i Attorney for the NRC l
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UNITED STATES NUCLEAR REGULATORY COMMISSION IN THE MATTER OF THE COMPLAINT AGAINST
- LLYOD P. ZERR i
Docket No. 93-01-PF Respondent ASLBP No. 93-673-Ol-PF OBJECTIONS TO NRC DISCOVERY REOUEST Lloyd
- Zerr, by his attorney, Timothy E. Clarke, Esquire, respectfully objects to the discovery requests and states as I
follows:
1.
The Respondent objects to the deposition.
A deposition is redundant, uneccessary, and a violation of his constitutional rights.
2.
The date scheduled for the deposition, is a date on which counsel for the Respondent has a scheduled trial in the Circuit Court for Montgomery County, Maryland, the case of Jades Vending Corporation vs. the Technica1 Education Center, Inc..
3.
The Respondent objects to the Interrogatories, specifically questions 1, 2, 3, 4,
5, 6, 7,
8,
& 9.
4.
The Interrogatories are redundant.
5.
The answer to the interrogatories seeking names and documents depends upon the answer to Discovery Requests proposed to the NRC by the Respondent, and the Respondent relies upon the answers to provice additional information, and-cannot provide such additional information under any circumstances until the receipt of that discovery material.
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6.
The Respondent objects to the Interrogatories on the basis of his constitutional privilege.
7.
The Respondent objects to the Requests for Production on constitutional and re~dundancy bases.
8.
The Respondent specifically objects to requests number 1,
2, 3, & 4.
9.
The Respondent respectfully indicates that the NRC officials have met and discussed this matter with him previously.
Additionally, the Respondent has provided documents to the United States Government concerning this matter previously.
10.
The Respondent objects to the requtst for admission of facts as redundant and contrary to his constitutional rights.
11.
The Respondent specifically objects to number 1 - 149.
/ imot6y E.
Clarke 5 N. Adams Street Rockville, Maryland 20850 (301) 217-9379 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Objections to NRC Discovery Request was mailed, this _ M day of June, 1993 to Roger
- Davis, United States Nuclear Regulatory Commission, Washington, D.C.
20555-0001.
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Aimok6y E.~dlarke
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Law Judge Morton B. Margulies
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In the Matter Of
)
Docket No. 93-01-PF
)
LLOYD P.
ZERR
)
ASLBP No. 93-673-01-PF
)
)
Certificate of Service I hereby certify that a copy of the accompanying NRC Motion for Deposition of Defendant Lloyd P.
Zerr dated June 9, 1993, and of the accompanying NRC Motion for Discovery by Interrogatories, Requests for Admissions and Production of Documents, dated June 9,
1993, was served by U.S.
mail, postage prepaid, to the counsel for Defendant, Timothy E.
Clarke, Esq., 5 North Adams Street, Rockville, MD 20850, and to Lloyd P.
Zerr, 718 13th Street, NE, Washington, D.C.
20002, this 9th day of June, 1993, and by placement in the NRC internal mail system a copy for the Office of the Commission Appellate Adjudication, U.S. Nuclear Regulatory Commission, and an original and two copies for Morton B.
Margulies, Chief Administrative Law Judge, Atomic Safety &
Licensing Board, U.S.
Nuclear Regulatory Commission, Washington, D.C.,
this 9th day of June, 1993.
kA Rdger y. Davis U.S. Nuclear Regulatory Commission office of the General Counsel i
Mail Stop 15 B18 Washington, DC 20555 Tel. 301/504-1606 Attorney for the NRC'
.