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

Case 1:98-cv-00168-FMA

Document 301

Filed 07/29/2005

Page 1 of 2

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 April 18, 2005, defendant filed a motion in limine to exclude evidence of certain issues of monetary damages alleged by plaintiff. On May 5, 2005, plaintiff filed its opposition to that motion. On July 27, 2005, as part of the pretrial conference in this action, the court held oral argument on defendant's motion. Based upon the parties' submissions and the argument conducted on July 27, 2005, defendant's motion in limine is hereby DENIED, in part, and RESERVED, in part. 1. With respect to claims presented in the 1998 complaint, defendant's motion is DENIED as to counts III (unit downtime) and V (bad faith). Judgment on defendant's motion is hereby RESERVED as to counts II (refuse disposal), IV (carpet replacement and depreciation), and VII (incentive fees). With respect to claims presented in the 2002 complaint, defendant's motion is hereby DENIED as to plaintiff's claim for diminished value of its property. Judgment on defendant's motion is hereby RESERVED as to plaintiff's claim for incentive fee awards. With respect to claims presented in the 2003 complaint, defendant's motion is hereby DENIED as to counts VII (list of repair costs) and VIII (authority to order disputed work). Judgment on defendant's motion is hereby RESERVED as to counts I (carpet replacement in Unit 884), II (painting of Unit 704), III (carpet and vinyl replacement in Unit 833), V (corrections to vinyl in Units 1090 and 1111), VI (vinyl replacement in Unit 633), IX (replacement of gutter downspout in Unit 638),

2.

3.

Case 1:98-cv-00168-FMA

Document 301

Filed 07/29/2005

Page 2 of 2

X (repainting of Unit 961), XI (replacement of counter and carpet in Unit 961), and XII (cleaning of Birchwood units). 4. On or before August 1, 2005, plaintiff shall file with the court the following: (a) Any additional documentation tending to establish the court's subject matter jurisdiction over those claims as to which judgment on defendant's motion is hereby reserved; and Citations to cases holding that this court, in determining a claim's adequacy in terms of the "sum certain" requirement for claims made to the contracting officer, may take into consideration information that was in the contracting officer's possession (or available to him or her) at the time of the claim, but not attached to or included in the claim itself.

(b)

5.

On or before August 5, 2005, defendant shall file with the court the following: (a) Any additional documentation tending to establish the absence of this court's subject matter jurisdiction over those claims as to which judgment on defendant's motion is hereby reserved; and Citations to cases holding that this court, in determining a claim's adequacy in terms of the "sum certain" requirement for claims made to the contracting officer, may not take into consideration information that was not attached to or specifically referenced in the claim itself.

(b)

6.

On Monday, August 8, 2005, at 10:00 a.m., the court will hold a telephonic conference in which the parties will argue the merits of the portions of defendant's motion that are hereby reserved. The court will contact the parties shortly before the conference begins.

IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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