Free Order - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 302

Filed 07/29/2005

Page 1 of 1

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 __________ On January 6, 2005, the court held an evidentiary hearing on plaintiff's emergency motion to stop the destruction of documents. The court denied plaintiff's motion from the bench and indicated its intention to consider whether, under the rules of this court, it was permitted or obliged to impose upon plaintiff costs and attorney's fees relating to the hearing. On January 11, 2005, the court ordered defendant to file a statement of its costs and attorney's fees relating to the hearing. On January 21, 2005, defendant filed its statement of costs and fees. At the pretrial conference held on July 27, 2005, the court heard from plaintiff regarding whether costs and fees should be imposed under RCFC 37(a)(4)(B). Upon consideration of the arguments put forth by counsel, the court hereby concludes that plaintiff's motion was "substantially justified" and that no costs or fees relating to the January 6, 2005, evidentiary hearing shall be imposed upon plaintiff. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge