Veterans for Common Sense et al v. Nicholson et al

Filing 129

Declaration of Stacey Sprenkel in Support of Plaintiffs' 88 Motion for Preliminary Injunction Reply filed byVeterans United for Truth, Inc, Veterans for Common Sense. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Sprenkel, Stacey) (Filed on 2/11/2008) Modified on 2/12/2008 (aaa, Court Staff).

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Veterans for Common Sense et al v. Nicholson et al Doc. 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GORDON P. ERSPAMER (CA SBN 83364) GErspamer@mofo.com MORRISON & FOERSTER LLP 101 Ygnacio Valley Road, Suite 450 P.O. Box 8130 Walnut Creek, California 94596-8130 Telephone: 925.295.3300 Facsimile: 925.946.9912 SIDNEY M. WOLINSKY (CA SBN 33716) SWolinsky@dralegal.org JENNIFER WEISER BEZOZA (CA SBN 247548) JBezoza@dralegal.org KATRINA KASEY CORBIT (CA SBN 237931) KCorbit@dralegal.org DISABILITY RIGHTS ADVOCATES 2001 Center Street, Third Floor Berkeley, California 94704-1204 Telephone: 510.665.8644 Facsimile: 510.665.8511 [see next page for additional counsel for Plaintiffs] Attorneys for Plaintiff(s) VETERANS FOR COMMON SENSE, and VETERANS UNITED FOR TRUTH, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VETERANS FOR COMMON SENSE, and VETERANS UNITED FOR TRUTH, INC., Plaintiffs, v. JAMES B. PEAKE, M.D., Secretary of Veterans Affairs, et al., Defendants. Case No. C-07-3758-SC CLASS ACTION DECLARATION OF STACEY M. SPRENKEL IN SUPPORT OF PLAINTIFFS'MOTION FOR PRELIMINARY INJUNCTION REPLY (Fed. R. Civ. P. 65(a); Civil L.R. 65-2) Date: March 7, 2008 Time: 10:00 a.m. Ctrm: 1, 17th Floor Complaint Filed July 23, 2007 SPRENKEL DECL. IN SUPP. OF PLS.' MOT. FOR PRELIM. INJ. REPLY -- CASE NO. C-07-3758-SC sf-2462606 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADDITIONAL COUNSEL FOR PLAINTIFFS: ARTURO J. GONZALEZ (CA SBN 121490) AGonzalez@mofo.com HEATHER A. MOSER (CA SBN 212686) HMoser@mofo.com STACEY M. SPRENKEL (CA SBN 241689) SSprenkel@mofo.com PAUL J. TAIRA (CA SBN 244427) PTaira@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 BILL D. JANICKI (CA SBN 215960) WJanicki@mofo.com MORRISON & FOERSTER LLP 400 Capitol Mall, Suite 2600 Sacramento, California 95814 Telephone: 916.448.3200 Facsimile: 916.448.3222 SPRENKEL DECL. IN SUPP. OF PLS.' MOT. FOR PRELIM. INJ. REPLY -- CASE NO. C-07-3758-SC sf-2462606 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF STACEY M. SPRENKEL I, Stacey M. Sprenkel, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am admitted to practice before this Court. I am an associate at the law firm of Morrison & Foerster LLP, counsel for Plaintiffs VETERANS FOR COMMON SENSE and VETERANS UNITED FOR TRUTH, INC. I make this declaration in support of Plaintiffs' Reply in Support of Preliminary Injunction, filed herewith. I have personal knowledge of the matters set forth herein and could and would competently testify thereto if called as a witness in this matter. 2. Attached as Exhibit A is a true and correct copy of Department of Veterans Affairs, Office of Inspector General Report No. 04-03100-90 (Feb. 26, 2007), Review of VA Central Incident Response Capability Contract Planning, Award and Administration. 3. Attached as Exhibit B is a true and correct copy of excerpts of U.S. House of Representatives Report No. 105-626, 105th Congress, 2d Session (July 15, 1998). 4. Attached as Exhibit C is a true and correct copy of excerpts of U.S. House of Representatives, Subcommittee on Health, Committee on Veterans' Affairs Transcript, Hearing on War-Related Illnesses and on the VA's Sexual Trauma Counseling Program, 105th Cong. (Apr. 23, 1998), available at: http://commdocs.house.gov/committees/vets/hvr042398.000/hvr042398_0HTM. 5. Attached as Exhibit D is a true and correct copy of the Committee on Veterans' Affairs, U.S. Senate Report No. 100-418, 100th Congress, Second Session (1988), Veterans' Administration Adjudication Procedure and Judicial Review Act. 6. Attached as Exhibit E is a true and correct copy of excerpts of U.S. House of Representatives Enrolled Bill 4986, 110th Congress, Second Session, enacted January 28, 2008. 7. Attached as Exhibit F is a true and correct copy of excerpts of Committee on Veterans' Affairs, U.S. Senate, Hearing on Pending Health Care Legislation, 110th Cong., First Session (May 23, 2007). 8. The following documents are admissions by Defendant Department of Veterans' Affairs ("VA"), a party to this case. Admissions by a party-opponent are admissible non-hearsay under Federal Rule of Evidence 801(d)(2). SPRENKEL DECL. IN SUPP. OF PLS.' MOT. FOR PRELIM. INJ. REPLY -- CASE NO. C-07-3758-SC sf-2462606 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Attached as Exhibit G is a true and correct copy of Disability Claim Surge Strains VA, Associated Press (Sept. 19, 2007), available at: http://www.military.com/NewsContent/0,13319,149682,00.html?ESRC=topstories.RSS. 10. Attached as Exhibit H is a true and correct copy of U.S. Department of Veterans Affairs, Information for Veterans Who Served in Iraq and Afghanistan and Their Families, Iraqi Freedom Review, Vol. 5, No. 1 (Oct. 2007) available at: http://www1.va.gov/environagents/docs/OIF_OEF_Review_Oct_2007.pdf. 11. Attached as Exhibit I is a true and correct copy of excerpts of the U.S. House of Representatives Committee on Veterans' Affairs Hearing, Stopping Suicides: Mental Health Challenges Within the U.S. Department of Veterans Affairs: Hearing Before the U.S. House Committee on Veterans' Affairs, 110th Cong., (Dec. 12, 2007), Statement of Ira Katz, M.D., Ph.D., Deputy Chief Patient Care Services Officer for Mental Health, Department of Veterans Affairs, available at: http://veterans.house.gov/hearings/Testimony.aspx?TID=11145. 12. Attached as Exhibit J is a true and correct copy of Department of Veterans Affairs Office O Inspector General Report No. 07-00616 (Sept. 10, 2007), Audit of the Veterans Health Administration's Outpatient Waiting Times. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed this 11th day of February, 2008, at San Francisco, California. /s/ Stacey Sprenkel Stacey Sprenkel SPRENKEL DECL. IN SUPP. OF PLS.' MOT. FOR PRELIM. INJ. REPLY -- CASE NO. C-07-3758-SC sf-2462606 2

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