Free Motion in Limine - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 157

Filed 03/07/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-231 T (Chief Judge Damich) ______________________________ JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership, Plaintiff, v. United States of America, Defendant. __________________________
UNITED STATES' MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF MELVIN F. JAGER

The United States moves this Court to enter an order precluding Plaintiff from introducing at trial the expert report and the testimony of Melvin F. Jager, a lawyer who offers nothing more than legal analysis and legal opinion. It is well-established that expert witnesses may not opine on the law. The Court should not allow Plaintiff to usurp the Court's role and should preclude Plaintiff from introducing at trial the expert report and the testimony of Jager.

3114029.1

Case 1:05-cv-00231-EJD

Document 157

Filed 03/07/2008

Page 2 of 3

Respectfully submitted,

/s/ Dennis M. Donohue DENNIS M. DONOHUE CHIEF SENIOR LITIGATION COUNSEL OFFICE OF CIVIL LITIGATION Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 55, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 307-6492 Facsimile: (202) 307-2504 E-mail: [email protected]

CERTIFICATE OF CONFERENCE On March 6, 2008, Joseph Pitzinger, one of the attorneys assigned to defend the interests of the United States in this matter, informed me that on that day he spoke to Todd Welty, an attorney for Plaintiff and asked if Plaintiff opposed the motion to exclude the expert report and testimony of Melvin F. Jager. Mr. Pitzinger informed me that Mr. Welty stated the Plaintiff opposed the motion.

s/ David M. Steiner David M. Steiner Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 307-5892

-ii-

3114029.1

Case 1:05-cv-00231-EJD

Document 157

Filed 03/07/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on March 7th, 2008, I electronically filed the foregoing UNITED STATES' MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF MELVIN F. JAGER with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Joel N. Crouch Texas State Bar No. 05144220 Meadows, Collier, Reed Cousins & Blau, L.L.P. 901 Main Street, Suite 3700 Dallas, Texas 75202

s/ David M. Steiner David M. Steiner Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 307-5892

-iii-

3114029.1