Free Notice of Indirectly Related Case(s) - District Court of Federal Claims - federal

Case 1:04-cv-00805-CFL

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Filed 06/08/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Statesman II Apartments, Inc. Plaintiff, v. The United States of America, Defendant. : : : : : : : : : : CASE NO. 1:04-CV-805 JUDGE MARION BLANK HORN

JOINT NOTICE OF INDIRECTLY RELATED CASES PURSUANT TO RULE 40.2(B) OF THE U.S. COURT OF FEDERAL CLAIMS

Pursuant to Rule 40.2(b) of the U.S. Court of Federal Claims, Statesman II Apartments, Inc. (Plaintiff in the captioned case) and Beach House Development Company (Plaintiff in Beach House Development Company v. USA, U.S. Court of Federal Claims Case No. 1:04-CV-806, pending before the Honorable Judge Marian Blank Horn) give notice to the Court and Defendant that both cases are indirectly related. In support of this Notice, Plaintiffs state that both cases raise similar issues of law and fact as they arise from Defendant's breach of similar contracts. Additionally, Plaintiffs share many of the same members in their management teams, and they are represented by the same counsel in both cases. The cases can, therefore, proceed in a more expeditious manner if they were consolidated. Plaintiff submits that consolidation of both cases would significantly promote the efficient administration of justice as outlined in Rule 40.2(B).

Case 1:04-cv-00805-CFL

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Filed 06/08/2004

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Respectfully submitted,

Dated: June 8, 2004_______

/s/ Fred J. Livingstone Fred J. Livingstone TAFT, STETTINIUS & HOLLISTER LLP 3500 BP Tower 200 Public Square Cleveland, Ohio 44114-2302 (216) 241-2838 Attorney for Plaintiff

Of counsel: Mark J. Valponi Majeed M. Makhlouf

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Case 1:04-cv-00805-CFL

Document 5

Filed 06/08/2004

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CERTIFICATE OF SERVICE This is to certify that the foregoing Joint Notice of Indirectly Related Cases was electronically filed on June 8, 2004. Service on all counsel of record is accomplished through the Court's electronic system, which can be accessed by all parties.

/s/ Fred J. Livingstone Fred J. Livingstone

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