Free Order - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 229

Filed 11/08/2004

Page 1 of 2

In The United States Court of Federal Claims
No. 98-168C (Filed: November 8, 2004) __________ NORTH STAR ALASKA HOUSING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER __________ On September 30, 2004, plaintiff and defendant filed proposed witness and exhibit lists for the evidentiary hearing to be held regarding plaintiff's emergency motion to stop the alleged destruction of documents by defendant. On October 1, 2004, defendant filed a motion ad limine to exclude certain witnesses and evidence from the hearing. On October 15, 2004, plaintiff filed a response to defendant's motion ad limine, and on October 29, 2004, defendant filed its reply to that response. The limited purpose of the evidentiary hearing is to determine the accuracy of plaintiff's allegation that, at approximately 4:30 p.m. on August 17, 2004, representatives of the government were seen shredding documents at Fort Wainwright, Alaska. The scope of the evidentiary hearing will be limited to the achievement of that purpose. As such, only witnesses with personal knowledge of the events that allegedly occurred on August 17, 2004, will be allowed to testify and the testimony of those witnesses shall be limited to their personal knowledge of those events. Consistent with this ruling, no exhibits will be received into evidence that do not directly bear on the events of August 17, 2004. The parties' submissions indicate that there are four witnesses with personal knowledge of the events at issue: Ms. Debra Reese; Ms. Stacey Andreasen; Mr. Rodney Everett; and Ms. Lori Dallas. Testimony at the hearing shall therefore be limited to these four witnesses and to their recollections of the events of August 17, 2004. The court takes this opportunity to remind counsel of its expectation ­ as yet, not fully realized ­ that satellite litigation in this matter be minimized and that the focus return to the merits of this matter. At the same time, the court reminds the parties that it will not hesitate to

Case 1:98-cv-00168-FMA

Document 229

Filed 11/08/2004

Page 2 of 2

invoke spoliation sanctions should it ultimately determine either in the evidentiary hearing or subsequently at trial that documents relevant to this litigation have been destroyed. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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