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

Case 1:94-cv-10002-CFL

Document 23

Filed 02/27/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CLAREMONT VILLAGE COMMONS, et al. Plaintiffs, v. ) ) ) ) ) ) ) ) )

No. 94-10002C; 94-10003C; 94-10005C; 94-10006C; 94-10007C; 94-10008C; 94-10010C; 94-10020C; 94-0030C; 94-10040C (consolidated) Judge Charles F. Lettow

THE UNITED STATES, Defendant.

DEFENDANT'S MOTION FOR LEAVE TO SERVE TRIAL SUBPOENA Pursuant to Rule 45(b)(2) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully seeks leave to serve a trial subpoena upon Anna Ortega, who resides more than 100 miles from the place of trial in this matter. Ms. Ortega is the Assistant Director of the City of Los Angeles' Rent Stabilization Division. She is expected to give testimony about the general history and application of the Los Angeles Rent Stabilization Ordinance ("LARSO") and, additionally, the effect of LARSO upon the plaintiffs' properties. Because five of the plaintiffs' properties are located in the City of Los Angeles, and because LARSO applies to these properties, Ms. Ortega's testimony is necessary to analyze the as-applied, regulatory takings asserted in this action. Accordingly, the United States respectfully requests leave to serve a subpoena upon Ms. Ortega to secure her attendance at trial.

Case 1:94-cv-10002-CFL

Document 23

Filed 02/27/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Acting Director s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director s/ David A. Harrington KENNETH M. DINTZER Assistant Director DAVID A. HARRINGTON KENNETH D. WOODROW TIMOTHY P. McILMAIL SEAN DUNN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0385 Attorneys for Defendant

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Case 1:94-cv-10002-CFL

Document 23

Filed 02/27/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on the 27th day of February, 2007, a copy of "DEFENDANT'S MOTION FOR LEAVE TO SERVE TRIAL SUBPOENA" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ David A. Harrington