Free Motion for Reconsideration - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 230

Filed 11/22/2004

Page 1 of 3

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

No. 98-168C Judge Francis M. Allegra

MOTION TO RECONSIDER Plaintiff, North Star Alaska Housing Corporation ("North Star"), hereby moves this Court to reconsider a portion of its Order of November 8, 2004. In its Order, the Court states that "only witnesses with personal knowledge of the events that allegedly occurred on August 17, 2004, will be allowed to testify" and identifies these witnesses as: Ms. Debra Reese; Ms. Stacey Andreasen; Mr. Rodney Everett; and Ms. Lori Dallas. With respect, the Government has identified another witness with personal knowledge of the events: Mr. William Edwards. In the declaration of Rodney G. Everett, which is included with the Government's August 25, 2004 Response to Plaintiff's Emergency Motion to Stop the Government's Destruction of Documents, Mr. Everett states, in pertinent part: 2. I have reviewed the Plaintiff's subject Emergency Motion. The four people present in my office at 4:30 on August 17, 2004, were myself, William Edwards, Government Council [sic], Stacey Andreasen, Paralegal, and Lori Dallas, 801 Project Manager. Thus, Mr. Edwards also has personal knowledge of the events and should be included among the witnesses who will be permitted to testify at the hearing. North Star requests that the Court modify its Order of November 8, 2004 accordingly.

Case 1:98-cv-00168-FMA

Document 230

Filed 11/22/2004

Page 2 of 3

DATED:

November 22, 2004

Respectfully submitted, s/ Paul W. Killian ____________________________________ PAUL W. KILLIAN Akin Gump Strauss Hauer & Feld, L.L.P. 1333 New Hampshire Ave., N.W. Washington, D.C. 20036 (202) 887-4000

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Case 1:98-cv-00168-FMA

Document 230

Filed 11/22/2004

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Motion to Reconsider was served electronically on this 22nd day of November, 2004 upon: Donald E. Kinner, Esq. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Attorney for Defendant s/ Paul W. Killian ________________________ Paul W. Killian

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