Subject: Re: FOIA/Legal
From: "Hilary Rosen" <[email-masked]>
To: <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, "Alex Slater" <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>
Date: Fri, 24 Sep 2010 14:34:03 -0400

Thanks Virginia. Food for thought. Did we get an answer on who on the city side is financially liable for a Houston Metro contract?

________________________________
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; Alex Slater; Lehman, Robert D. <[email-masked]>; [email-masked] <[email-masked]>; Eric Schwerin <[email-masked]>
Sent: Fri Sep 24 14:29:58 2010
Subject: RE: FOIA/Legal

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