Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:02-cv-01632-FMA

Document 12

Filed 09/17/2003

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) NORTH STAR ALASKA HOUSING CORPORATION,

No. 98-168C, 02-1632C Judge Francis M. Allegra

PLAINTIFF'S MOTION FOR LEAVE TO FILE AFFIDAVIT RESPECTING INCREASED COSTS TO NORTH STAR INCURRED DUE TO STAY OF LITIGATION Plaintiff North Star Alaska Housing Corporation ("North Star") respectfully requests leave to file an Affidavit of North Star's Treasurer, Rhonda Sekyra, for the purpose of informing the Court of important information relating to the current stay of proceedings. While mindful of the Court's prior admonition to exercise care in seeking leave for this purpose (see Order dated July 21, 2003), North Star considers the information in the Affidavit of Ms. Sekyra crucial to the Court's understanding of the burden that the stay is imposing upon it. The Sekyra Affidavit reports that North Star is presently incurring additional costs of $92,403 per month substantially as a result of the Government's erroneous and punitive interpretations of the Lease. These interpretations of the Lease are the subject of the litigation and many of them were to be the subject of a Motion for Summary Judgment. The continued stay of litigation leaves North Star with no present means of redressing these losses. The Affidavit also reports that North Star has still not been contacted by a Government investigator for any information that may be relevant to the announced investigation.

Case 1:02-cv-01632-FMA

Document 12

Filed 09/17/2003

Page 2 of 3

North Star respectfully request that the Court grant this motion for leave so that North Star has an opportunity to demonstrate the financial costs of the ongoing stay and that the Court consider this information in its review of the Government's in camera filings with respect to the stay. Respectfully submitted, s/ Paul W. Killian ____________________________________ PAUL W. KILLIAN Akin Gump Strauss Hauer & Feld, L.L.P. 1333 New Hampshire Ave., N.W. Washington, D.C. 20036 (202) 887-4000 Dated: September 17, 2003

Case 1:02-cv-01632-FMA

Document 12

Filed 09/17/2003

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Motion for Leave to File Affidavit Respecting Increased Costs to North Star Incurred Due to Stay of Litigation was served electronically this 17th day of September, 2003 on: Donald E. Kinner, Esq. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Attorney for Defendant s/ Paul W. Killian _________________________ Paul W. Killian