Subject: RE: FOIA/Legal
From: "Virginia Verdeja" <[email-masked]>
To: "Woolfolk, Brian P." <[email-masked]>, "Singham, Shanker A." <[email-masked]>, "Jitendra Tomar" <[email-masked]>, "Maiwurm, James J." <[email-masked]>, "Hilary Rosen" <[email-masked]>, "Alex Slater" <[email-masked]>, "Lehman, Robert D." <[email-masked]>, <[email-masked]>, "Eric Schwerin" <[email-masked]>
Date: Fri, 24 Sep 2010 14:29:58 -0400

Thank you for the update and the clarifying the status of the different
efforts.  We are going to be in Houston on the 1st of October to meet
with Greanias and Garcia.  We could go one or two days ahead and meet
with whomever you think is appropriate.  

I would like to share with all of you what I consider the possible
outcomes from best to worst from CAF USA's point of view.

1)     FTA changes their view due to our request for reconsideration and
directs Metro to move forward with the two contracts.

2)     FTA changes their view due to our request for reconsideration and
directs Metro to move forward with the two contracts but implementing
the "Kawasaki solution" on the 2 car contract.

3)     FTA directs Metro to proceed with the federally funded contract,
allowing CAF to use the "Kawasaki solution" and cancel the two car
contract

4)     FTA directs Metro to proceed with the federally funded contract
requiring all cars to be assembled in the US

5)     FTA issues a letter stating CAF did not violate any laws or did
anything wrong but still directing to cancel the contracts based on
Metro's flawed procurement process

6)     FTA issues letter that does not modify their position at all,

Of all, only 6 would be a bad outcome.  If we get there then we will
consider judicial review and/or litigation in Houston.

I think we have a wide range to work with and, in the meantime, we will
be meeting with Metro and trying to prepare them in case we get outcomes
1, 2, 3 or 4.  Of course 5 is good for us in strengthening our case for
termination for convenience.  

So far we have not had much luck in approaching the City but it looks,
from your email, like that may open now.

Again, thanks and keep us posted.  We should have a conference on Monday
morning.

Regards,

Virginia

 

________________________________

From: Woolfolk, Brian P. [mailto:[email-masked]] 
Sent: Friday, September 24, 2010 1:55 PM
To: Virginia Verdeja; Singham, Shanker A.; Jitendra Tomar; Maiwurm,
James J.; Hilary Rosen; Alex Slater; Lehman, Robert D.;
[email-masked]; Eric Schwerin
Subject: RE: FOIA/Legal

 

I think we are in play with Sheila Jackson Lee. It is a process . Stokes
and I are both working her office. The goal is to come up with an
acceptable pathway forward before we go into the office.  Lee's staff is
helping us in this effort.  Sheila Jackson Lee wants us to meet with her
next week to lay out our case. Also, SJL's office will set up a meeting
between CAF and the city of Houston. I need to know when people are
available to set the meeting with the Congresswoman.  Also, Shashrina
Thomas, Jackson Lee's aide on these issues, suggested that CAF USA needs
to make this into a more Houston issue by alligning with a Houston
Company or institution to conduct recruiting and job training.  We
recommend some type of partnership with a school such as Texas Southern
University, a historically black college in Houston.  

Gene Green. We have a meeting Scheduled with his staff next week
(Lindsay Mosshart- 10:45AM in 2372 Rayburn). Green is currently taking
the position that there is nothing that can be done to alter the FTA
decision.  His office is reviewing the Petition for Reconsideration.
Green contacted Stokes when the Congressman learned that Stokes is
working on this matter.  At this point, we will need to convince Green
that 1.) The FTA case is not the clear cut case FTA asserts.  and 2.)
Rebidding will cost the city significant money and jeopardize the
success of the project. 

I should be able to connect with Al Green by this afternoon.

We are in play with both Schumer and Gilibrand. Both offices had not
known about the petition to reconsider. They had mostly only heard from
FTA. It will take some work. But, I think we have a decent chance. Stacy
Ettinger, Schumer's person, used to work with Squire Attorney David
Spooner at the Department of Commerce. She expressed her interest in
reading thru our 40 page response to the FTA report. We are waiting on a
response from Ettinger.

We are in contact with the Elmira Chamber of Commerce. If we can get
them to echoe our Schumer/ Gillibrand request for reasonable
consideration, I am confident that it will force them to act favorable
to CAF. 

Rob Lehman has spoken with the following Houston house members: Olson,
Brady and Culberson (GOP from Houston).  He has also been in discussions
with Kay Bailey Hutchinson's Chief of Staff.  Hutchinson's office is
still looking for ways to help us.  We are also working on getting
Olson, Brady, and Culberson to sign a conservative oriented letter in
support of us.  These discussions are ongoing.

I understand your frustration.  These things never seem to be a straight
path.  We are vigorously pursuing multiple angles.  We are in a tough
position in an attempt to persuade these members to assume strong
positions after FTA has drawn a line in the sand.  However, we have seen
these types of efforts bear fruit on many other occassions.  If we are
to prevail, this effort will require a lot more patience and a lot more
hard work.  But, I believe we are making progress.  

________________________________

From: Virginia Verdeja [mailto:[email-masked]] 
Sent: Thursday, September 23, 2010 6:32 PM
To: Singham, Shanker A.; Jitendra Tomar; Maiwurm, James J.; Hilary
Rosen; Alex Slater; Lehman, Robert D.; Woolfolk, Brian P.;
[email-masked]; Eric Schwerin
Subject: RE: FOIA/Legal

Shanker and all,

I'm puzzled by your last sentence.  Also I just spoke with Josu and we
are not sure why the FOIA request now.  Also we need a budget for this
task including review of documentation provided by FTA.  Josu, Tomar and
I think we have written enough legal letters for now.  If we are not
successful, we will get into litigation as a second phase.  

What we really need to do is reach the right people in Houston and
Washington.  In Houston, either the Mayor needs to understand the
implications of her actions and make a move or the previous
administration, which is looking like a bunch of crooks, needs to make
noise.  We either have access or not and if we don't we need to get
people that do have it.  

Except meeting with FTA, it does not seem like we are making a lot of
progress.  Please consider all the avenues available to you and let us
know if there is anything else we should be doing.  I understand, for
now, we have not made any direct contact with members of the
Congressional delegation and we have been working on that since Tuesday.
Please let me know if we are wrong.  Our management is growing impatient
since they believe we have the best team and cannot see we are moving
forward.  Maybe there isn't much hope but at least there should be
movement in the background.

Regards,

Virginia

 

________________________________

From: Singham, Shanker A. [mailto:[email-masked]] 
Sent: Thursday, September 23, 2010 3:33 PM
To: Virginia Verdeja; Jitendra Tomar; Maiwurm, James J.; Brown, Amy L.;
Sohar Henter, Christine J.
Subject: FOIA/Legal

Virginia: Jim and I just spoke - I am out in Tampa with a client, but he
and I will be together in Orlando tomorrow.  We both think that it is
very important that we get the FOIA request out to FTA either today or
tomorrow at the latest. The only amendment I have to the document sent
this am is to also direct it to rogoff and carter.

On the legal options, we will send you a note about our various options.
We have to be careful about filing cases/press conferences because of
the risks in the contract.

S