Free Order on Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:93-cv-00531-LAS

Document 210

Filed 12/13/2006

Page 1 of 1

In the United States Court of Federal Claims
************************** AMBASE CORPORATION AND CARTERET BANCORP, INC. Plaintiffs, and FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Intervenor, * * * * * * * * * * * * * * * * * * *

Case No. 93-531C Senior Judge Smith Filed: December 13, 2006

v. THE UNITED STATES, Defendant. **************************

ORDER Pursuant to the telephone conference held on December 12, 2006, the Court hereby DENIES Defendant's Motion for Certification. The Court must deny Certification because the argument for nonjusticiability is fact dependent and it would not lead to the efficient administration of justice to certify this issue in the abstract. The Court further finds that after reviewing the parties arguments the case is justiciable at this time. The parties are DIRECTED to confer and file a proposed stipulated Order with regard to expert discovery. The Court further SCHEDULES a telephone status conference to be held on Thursday, April 12, 2007, at 3:00 p.m. EDT. It is so ORDERED. s/Loren A. Smith LOREN A. SMITH, SENIOR JUDGE