Free Pretrial Order - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 303

Filed 07/29/2005

Page 1 of 3

In the United States Court of Federal Claims
No. 98-168C (Filed: July 29, 2005) __________ NORTH STAR ALASKA HOUSING CORP., Plaintiff, v. THE UNITED STATES, Defendant. ___________ ORDER __________ A pretrial conference was held in this case on July 27, 2005. Participating in this conference were Paul Killian and Fani Geroff, on behalf of plaintiff, and Timothy McIlmail on behalf of defendant. At the conference, it was agreed as follows: 1. Trial will commence at 9:00 a.m., Monday, August 15, 2005, in the United States Courthouse at 101 12th Avenue, Fairbanks, Alaska, in a courtroom to be determined. Each subsequent day of trial will begin at 8:30 a.m., unless otherwise indicated by the court. Counsel are instructed to tailor their proof to the legal issues in this case. The issues to be resolved during trial in this case involve interpretation and administration of the Birchwood lease, including, but not limited to, issues of unit downtime, work authorizations, incentive fee awards, refuse collection, reimbursement for unit repairs, allegations of bad faith, and damages calculations. On or before Wednesday, August 10, 2005, the parties shall file with the court a joint stipulation of facts. As indicated in its order of July 18, 2005, the court expects that stipulation to be extensive. Failure to file a sufficiently fulsome stipulation will result in an order requiring the parties to re-file a revised stipulation that comports with the court's expectations.

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Case 1:98-cv-00168-FMA

Document 303

Filed 07/29/2005

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4.

Regarding witnesses: (a) Plaintiff's evidentiary presentation shall be limited to 35 hours, inclusive of cross-examination and rebuttal testimony. Defendant's evidentiary presentation shall be limited to 30 hours, inclusive of cross-examination. Based on the anticipated schedule, the parties are hereby instructed to have adequate witnesses available and prepared to testify on each day of trial, so as to ensure that each day of the trial proceedings is fully utilized. Counsel are reminded of the court's expectation that the direct examination of witnesses, particularly expert witnesses, shall be crisp and shall not unduly elicit information already in the record (e.g., the content of expert reports).

(b)

(c)

(d)

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Regarding exhibits: (a) At the beginning of trial, the parties shall supply six pre-marked copies of the exhibits they intend to offer in this case. The copies shall be in binders, with tabbed dividers between each individual exhibit. The spines of the binders shall indicate prominently the exhibits contained therein and each document shall be bates stamped. Colored exhibit stickers shall be affixed only to the original copy of the exhibits (which will be provided to the reporter). Defendant shall use blue stickers; plaintiff shall use any other color. The parties shall provide boxes suitable for mailing two copies of their exhibit binders. It is the court's intention to admit, en masse, at the outset of trial, exhibits to which no objections will be raised. At the outset of trial, the court will rule on any objections to exhibits that do not require live testimony. Objections to exhibits that require live testimony will be considered at the appropriate time. The parties shall consult and, to the extent possible, avoid introducing duplicate exhibits.

(b)

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Regarding pretrial motions: (a) By separate order filed today, defendant's motion in limine to exclude evidence of certain issues of monetary damages alleged by plaintiff, filed April 18, 2005, is DENIED, in part, and RESERVED, in part.

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Case 1:98-cv-00168-FMA

Document 303

Filed 07/29/2005

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(b)

Defendant's motion in limine to exclude evidence of plaintiff's damages that resembles a "total cost" claim, filed April 21, 2005, is hereby DENIED. Plaintiff's motion to present the deposition testimony of Nikisha Lynn Goins in lieu of live testimony pursuant to Appendix A, ¶ 15(b), filed June 30, 2005, is hereby GRANTED. The parties are instructed to highlight or otherwise identify the portions of each deposition designated by it for admission into evidence, and to include those designated portions in a revised Plaintiff's Exhibit 406.

(c)

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The court will require post-trial briefing in this case. The schedule for such briefing will be established at the conclusion of trial. Closing arguments will be held following the conclusion of post-trial briefing on a date to be established at the conclusion of trial. The argument will be held at the United States Court of Federal Claims, National Courts Building, 717 Madison Place, NW, Washington, DC 20005. The courtroom location will be posted on the day of the argument. Counsel are reminded of the court's expectation that they will attempt to resolve as many matters as possible through cooperation.

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IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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