Free Response to Motion - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 259

Filed 04/08/2005

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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 RESPONSE TO PLAINTIFF'S MOTION TO EXTEND DISCOVERY DEADLINE Defendant, the United States, opposes plaintiff's request that the Court extend the current discovery completion date. On

March 18, 2005, plaintiff, North Star Alaska Housing Corporation, requested that the Court extend the discovery deadline to allow it to take depositions based upon documents that the Government produced after the depositions North Star had already taken. The

Court's March 22, 2005 order allowed North Star to, by April 8, 2005, conduct and conclude the depositions described in paragraph 3(iii) of the Court's September 3, 2004 order. Paragraph 3(iii) of that order allowed North Star to depose Yolanda Klumb, Nikish Goins, Rod Everett, Connie Kiser, Tom Petersen, Harold Hopson, and Dennis Klein. Since March 22, North

Star has not noticed any new depositions of those persons, and its current request is not, apparently, limited to the depositions described in paragraph 3(iii). Nevertheless, although we oppose North Star's current request, we would consider consenting to appropriate future

Case 1:98-cv-00168-FMA

Document 259

Filed 04/08/2005

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requests to reopen discovery for the purpose of conducting depositions relating to any documents, not yet produced, with which we supplement our production to date. For the foregoing reasons, we request that the Court deny North Star's motion. 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

April 8, 2005

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Case 1:98-cv-00168-FMA

Document 259

Filed 04/08/2005

Page 3 of 3

Certificate of Filing I hereby certify that on April 8, 2005, a copy of the foregoing Defendant's Response To Plaintiff's Motion To Extend Discovery Deadline 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. filing through the Court's system. Parties may access this

s/Timothy P. McIlmail