Free Declaration - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 297

Filed 07/20/2005

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

No.

98-168C

(Judge Allegra)

DEFENDANT'S STATEMENT OF COSTS AND ATTORNEY FEES RELATING TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SANCTIONS, OTHER REMEDIES, AND A PRESERVATION ORDER Pursuant to the Court's June 6, 2005 order, defendant, the United States, provides the following itemization of attorney fees and costs relating to its opposition to Plaintiff's Motion For Sanctions, Other Remedies, And A Preservation Order Due To The Government's Admitted Spoliation Of Documents: Attorney Fees (Timothy P. McIlmail): 3 hours X $86.26/hour (April 29, 2005) . . . . . . $258.78 48.5 hours X $88.59/hour (May 4-16, 2005) . . . . $4,296.62 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0

Total . . . . . . . . . . . . . . . . . . . . . . . . . $4,555.40

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/David M. Cohen DAVID M. COHEN Director

OF COUNSEL WILLIAM. M. EDWARDS Assistant District Counsel United States Army Corps of Engineers Alaska District

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0361 Facsimile: (202) 514-7965 Attorneys for Defendant

July 20, 2005

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CERTIFICATION District of Columbia, I certify under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. This certification was executed on

July 20, 2005, in accordance with 28 U.S.C. § 1746.

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 305-0361 Attorney for Defendant

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ATTACHMENT

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DECLARATION OF TIMOTHY P. MCILMAIL I, Timothy P. McIlmail, under penalty of perjury pursuant to 28 U.S.C. § 1746, declare: 1) I am counsel of record for defendant, the United States,

in Case No. 98-168C (Fed. Cl.); 2) Plaintiff filed Plaintiff's Motion For Sanctions, Other

Remedies, And A Preservation Order Due To The Government's Admitted Spoliation Of Documents on April 28, 2005; 3) I have reported the following hours that I have

identified as having been related to defendant's May 16, 2005 opposition to plaintiff's motion: April 29, 2005 May 4, 2005 May 5, 2005 May 6, 2005 May 9, 2005 May 10, 2005 May 11, 2005 May 12, 2005 May 13, 2005 May 16, 2005 a total of 51.5 hours. 3 hours; 5.5 hours; 6 hours; 8 hours; 8 hours; 5 hours; 4 hours; 4 hours; 4 hours; 4 hours;

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3)

According to information provided to me by the

Department of Justice Office of Management Information, the cost of my salary and benefits on April 29, 2005 was $86.26 per hour, and has been $88.59 per hour since May 1, 2005. I declare under penalty of perjury that the foregoing is true and correct.

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL July 20, 2005

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Certificate of Filing I hereby certify that on July 20, 2005, a copy of the foregoing Defendant's Statement Of Costs And Attorney Fees Relating To Defendant's Opposition To Plaintiff's Motion For Sanctions, Other Remedies, And A Preservation Order was filed electronically. I understand that notice of this filing will be

sent to all parties by operation of the Court's electronic filing system. system. Parties may access this filing through the Court's