S. AMANDA MARSHALL, OSB # 95347 

United States Attorney 

District of Oregon · 

KEVIN DANIELSON, OSB # 06586 

Assistant United States Attorney 

kevin.c.danielson@usdoj .gov 

1000 SW Third Avenue, Suite 600 

Portland, Oregon 97204-2902 

Telephone: (503) 727-1000 

Facsimile: (503) 727-1117 

Attorneys for Defendant United States of America 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

MARKA.MANN, Case No. 6:14-cv-01774-AA 

Plaintiff, 

v. DECLARATION OF TELINA 

THOMPSON IN SUPPORT OF MOTION 

FOR SUMMARY JUDGMENT 

UNITED STATES OF AMERICA, 

Defendant. 

I, Telina Thompson, declare and state as follows: 

1. I am currently the Freedom oflnformation Act (FOIA) coordinator for the Western 

Ill 

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Federal Lands Highway Division of the Federal Lands Highway (FLH) which is a part 

of the Federal Highway Administration (FHWA) within the United States Department 

ofTransportation (USDOT). 

Declaration ofTelina Thompson in Support of Motion for Summary Judgment 

Mann v. United States; 6:14-cv-01774-AA 

Case 6:14-cv-01774-AA Document 23 Filed 05/04/15 Page 1 of 5
2. FLH provides transportation engineering and related services in all 50 states, the 

District of Columbia, Puerto Rico, and the Virgin Islands. These jurisdictions are 

serviced by three FLH Division Offices: Western Federal Lands Highway Division 

located in Vancouver, Washington; Central Federal Lands Highway Division· located 

in Lakewood, Colorado; and Eastern Federal Lands Highway Division located in 

Sterling, Virginia. 

3. My major responsibilities include processing requests made by the public pursuant to 

FOIA in the Western Federal Lands Division Office (WFLHD). I have held this 

position since September 2013. The exhibits attached to this declaration are true and 

correct copies of documents related to this litigation and these records are maintained 

as part of the regularly conducted business of my office. 

4. On March 26,2014, WFLHD received a FOIA request from Plaintiff Mr. Mark Mann. 

The request was assigned FOIA Control No. 2014-0234. The Plaintiff revised his 

request on March 28, 2014. Exhibit 1. The Plaintiffs requested the following items 

from the Tiller Trail Highway Project, OR PFH 16(7): 1) Geopak CAD design file in 

MicroStation DGN format; 2) LandXML file of the horizontal and vertical alignments; 

3) LandXML file of the original ground surface; 4) LandXML file of the final design 

surface. 

5. During the FO lA process, Plaintiff explained that he performed work for the general 

contractor on the Tiller Trail Highway Project and requested the design data in order to 

_ facilitate the efficient construction of the project. Exhibit 2. 

6. In order to locate all responsive documents, I determined that the Tiller Trail Highway 

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Project, OR PFH 16(7) was a construction project that had been designed, solicited and 

Declaration ofTelina Thompson in Support of Motion for Summary Judgment 

Mann v. United States; 6:14-cv-01774-AA 

Case 6:14-cv-01774-AA Document 23 Filed 05/04/15 Page 2 of 5
constructed by WFLHD. Accordingly, I sent a request for all responsive documents to 

WFLHD construction staff, central records, acquisitions and design team that had been 

involved with the design, acquisition or construction of the project. In response to 

my request, I received 21 responsive records from the design team at WFLHD. I did not 

receive any LandXML or XSR files. 

7. The Plaintiff indicated that the LandXML files would need to be generated. Exhibit 3. 

Due to the nature of the Plaintiffs FOIA request and his representations that the 

requested XML files would need to be generated from engineering software used by 

WFLHD, I contacted Juan Aguirre, the Engineering Systems Coordinator for WFLHD, 

for assistance in responding to the Plaintiffs request. 

8. On May 1, 2014, WFLHD provided the Plaintiff its determination with respect to his 

FOIA request. Exhibit 4. The Plaintiff was provided all21 of the responsive files 

WFLHD maintained in the format in which WFLHD maintained them. Exhibits 5 and 

6. 

9. On September 29, 2014 Plaintiff filed a new FOIA request, FOIA Control No. 

10. 

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2014-0457. Exhibit 7. Plaintiffrequested the following information: (1) GEOPAK 

XS-List (cross-section files in XSR format) of the original ground surface; (2) the 

horizontal and vertical alignments for the road design in XML format; (3) the original 

ground three-dimensional surface date that is used to generate the final design, generate 

earthwork quantities, and define existing site features such as drainages, existing 

utilities, etc., in XML format; ( 4) the final design three-dimensional surface data in 

XMLformat. 

I indicated in the May 1, 2014 response to Plaintiff's FOIA request, FOIA Control No. 

Declaration ofTelina Thompson in Support of Motion for Summary Judgment 

Mann v. United States; 6:14-cv-01774-AA 

Case 6:14-cv-01774-AA Document 23 Filed 05/04/15 Page 3 of 5
2014-0234 that XSR cross section files would be posted to the ftp site. Exhibit 4. I also 

indicated in the October 14, 2014 response to Plaintiffs FOIA request, FOIA Control 

No. 2014-0457 that the XSR cross section files had been posted to the ftp site. Exhibit 

8. This was not correct. At the time, I believed one of the 21 files that had been 

produced which had the electronic file name "ORPFH16(7)_XS_R2.dgn" was an XSR 

file. I later learned that the "XS _ R2" portion of the electronic file name did not indicate 

that it was the XSR file type that the Plaintiff had originally requested. Exhibit 6. 

11. WFLHD did not at the time ofPlaintiffs FOIA requests and does not as of the date of 

this declaration, possess any XSR or XML files for the Tiller Trail Highway Project. 

12. WFLHD handles FOIA requests for 5 western states: Alaska, Idaho, Oregon Montana, 

and Washington. I have reviewed all FOIA requests processed by WFLHD dating back 

to 2005. As of the date of this declaration, WFLHD has processed 207 FOIA requests 

since 2005. I did not find a single request for either LandXML or XSR files during my 

review ofFOIA requests processed by WFLHD. 

13. I personally contacted the FOIA coordinators in the Central Federal Lands Highway 

Division Office and the Eastern Federal Lands Division Office. I asked each of the 

FOIA coordinators to run the same query back to 2005 to determine whether either of 

their Divisions had received a request for LandXML files. The FOIA coordinators in 

both of these offices indicated that they found no records of a request for LandXML or 

XSR files. 

14. While it is possible that an employee in WFLHD has produced LandXML files to 

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Plaintiff at some point in time for a different construction project, such production was 

not done in response to a FOIA request. 

Declaration ofTelina Thompson in Support of Motion for Summary Judgment 

Mann v. United States; 6:14-cv-01774-AA 

Case 6:14-cv-01774-AA Document 23 Filed 05/04/15 Page 4 of 5
15. I declare under penalty of perjury that the foregoing is true and correct. 

EXECUTED on this __!}_ day of l??ay-- 2015. 

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Declaration ofTelina Thompson in Support of Motion for Summary Judgment 

Mann v. United States; 6:14-cv-01774-AA 

Case 6:14-cv-01774-AA Document 23 Filed 05/04/15 Page 5 of 5