After a new trial was granted to allow the plaintiff to present its case using new evidence the defendant claimed it did not have and did not produce during discovery, the court ordered defendant to “provide access to the Facilities Information System (FIS) database for review by plaintiff’s counsel or a computer technology consultant hired by plaintiff for the limited purpose of determining whether more information bearing on the workload and staffing at Carderock during the relevant period of plaintiff’s employment (January 1, 1997 through October 1, 1999) can be retrieved from the FIS database.” For reasons which remain in dispute this did not occur. Yet a deposition confirming the existence of additional evidence was taken. In light of such testimony, the court ordered that “Carney must re-create the process by which she responded to Holleran’s requests for what the workload was at the EFACHES field offices (including work in place, number of contract actions, and dollar value of those actions) during the relevant period of plaintiff’s employment with the Navy, i.e., January 1, 1997 through October 1, 1999. This process will require Carney to formulate queries and recover information from the FIS database, and it may also entail Carney’s consultation with the relevant R26 reports. Because there is no record of how many times Holleran requested such information, except for the fact that it was done, at the very least, when a vacancy needed to be filled and at the end of each year, Carney must provide the information for every quarter, beginning in January 1997 and ending in December 1999. It is the court’s intention that Carney do now whatever she did when Holleran asked her for the information that both she and Holleran described in their depositions. Defendant must produce this information to plaintiff within 60 days of the accompanying Order.” Jinks-Umstead v. England, 227 F.R.D. 143, 148 (D.D.C. 2005).
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