Free Order on Motion for Order to Show Cause - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 248

Filed 02/28/2005

Page 1 of 1

In The United States Court of Federal Claims
No. 98-168C (Filed: February 28, 2005) __________ NORTH STAR ALASKA HOUSING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER __________ On February 3, 2005, plaintiff filed a motion for an order to show cause why the government is not in violation of the portion of the court's October 4, 2004, order granting summary judgment on Count IV of plaintiff's second amended complaint. On February 10, 2005, defendant filed a response opposing that motion. No reply has been received. The events described in plaintiff's motion occurred in September, October, and November of 2004, a period not covered by the court's order of October 4, 2004. Although the court's order constitutes res judicata with respect to the issues addressed therein, the preclusionary effect of that doctrine is properly invoked not in a motion for an order to show cause, but in substantive legal proceedings that govern the period in which the events occurred. Stated alternatively, defendant is not "in violation of" this court's October 4, order. Moreover, this court clearly lacks the injunctive authority to order defendant to comply with its order prospectively. Accordingly, plaintiff's motion for an order to show cause is hereby DENIED. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge