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

Case 1:04-cv-00805-CFL

Document 47

Filed 03/31/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS STATESMAN II APARTMENTS, INC., et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) Nos. 04-805C, 04-806C (consolidated) ) ) (Judge Lettow) ) ) )

DEFENDANT'S MOTION IN LIMINE Defendant, the United States, respectfully requests that Exhibit Nos. 54, 55, and 56 on "Plaintiffs' Exhibit List" dated March 10, 2006, be excluded from the trial of this action. A motion in limine "is a preliminary motion that serves as a gatekeeping function and permits the trial judge to eliminate from further consideration evidentiary submissions that clearly would be inadmissible for any purpose." PR Contractors, Inc. v. United States, 69 Fed. Cl. 468, 469 (2006). The three trial exhibits in question are Federal Register notices that pertain to contract rent annual adjustment factors for the years 1995, 1996, and 1997 published by the Department of Housing and Urban Development. The Court has ruled that "in considering the damages for breach during the years 1998 and thereafter, the court is foreclosed from taking into account any adjustments of rent that might have been due during the years 1995 through 1997." Statesman II Apartments, Inc. v. United States, 66 Fed. Cl. 608, 626 (2005). The contract rent adjustment data contained in these trial exhibits are thus irrelevant to the calculation of damages and inadmissible for any other purpose.

Case 1:04-cv-00805-CFL

Document 47

Filed 03/31/2006

Page 2 of 2

For the foregoing reason, defendant's motion in limine should be granted and Exhibit Nos. 54, 55, and 56 on "Plaintiffs' Exhibit List" dated March 10, 2006, should be excluded from the trial of this action.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

OF COUNSEL: C. ALLEN VILLAFUERTE Trial Attorney Office of General Counsel Department of Housing and Urban Development Washington, DC

s/John E. Kosloske JOHN E. KOSLOSKE Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., Room 8012 Washington, D.C. 20530 Tele: (202) 307-0282 (FAX)(202) 514-8624 Attorneys for Defendant

MARCH 31, 2006

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