Free Order - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 282

Filed 06/06/2005

Page 1 of 1

In The United States Court of Federal Claims
No. 98-168C (Filed: June 6, 2005) __________ NORTH STAR ALASKA HOUSING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER __________ On May 26, 2005, the court denied plaintiff's motion for sanctions, other remedies, and a preservation order in response to alleged spoliation of documents by defendant. Although not denominated as such, it appears that plaintiff's motion was filed under Rule 37 of the Rules of the Court of Federal Claims. Pursuant to that Rule, if such a motion "is denied, the court . . . shall, after affording an opportunity to be heard, require the moving party or attorney filing the motion or both of them to pay . . . the reasonable expenses incurred in opposing the motion, including attorney's fees." RCFC 37(a)(4). Accordingly, the court hereby ORDERS that, on or before July 20, 2005, defendant shall file with the court a statement of its costs and attorney's fees relating to its opposition to plaintiff's motion. The court will hear from plaintiff at the pretrial conference scheduled to occur on July 27, 2005, and consider whether to impose sanctions pursuant to Rule 37(a)(4). IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge