Free Disclosure Statement - Rule 7.1 - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

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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

PLAINTIFF'S INITIAL DISCLOSURES Plaintiff North Star Alaska Housing Corporation ("North Star") hereby submits the following disclosures under Rule 26(a)(1) of the Rules of the Court of Federal Claims. North Star reserves its right to reasonably supplement and amend this disclosure statement. (A) The name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information.

In addition to witnesses previously identified in response to interrogatories and in addition to employees and former employees of the defendant, North Star identifies the following individuals who may have discoverable information that North Star may use to support its claims or defenses. This information reflects information reasonably available to North Star at present. North Star reserves the right to supplement this information if additional or different information is obtained. 1. Richard Fischer, 937 Harvard Avenue East, Seattle, WA 98102 (206) 328-2000

Mr. Fischer is the president of North Star and is believed to have information respecting all claims which are subject to the instant litigation.

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2.

Rhonda Sekyra, 937 Harvard Avenue East, Seattle, WA 98102 (206) 328-2000

Ms. Sekyra is the treasurer of North Star and is believed to have information respecting all claims which are subject to the instant litigation. Eldon Wartes, 1066 7th Infantry Division Loop, Fairbanks, AK 99703 (907) 356-1616

3.

Mr. Wartes is the current site manager of North Star and is believed to have information respecting all claims which are subject to the instant litigation. Debra Reese, 1066 7th Infantry Division Loop, Fairbanks, AK 99703 (907) 356-1616

4.

Ms. Reese is the office administrator and is believed to have information respecting some aspects of the claims which are subject to the instant litigation.

5.

Dennis Wertz, 16 Business Park Way, Sacramento, CA 95828 (916) 381-8200

Mr. Wertz is the former site manager of North Star and is believed to have information respecting those claims which concern the actions of the Government during his employment at North Star. 6. John Spencer, Stewart, Stewart, Sokol & Gray LLC, 2300 SW First Ave., Suite 200, Portland, Oregon 97201. (503) 221-0699

Mr. Stewart is former counsel for North Star, and has knowledge of the agreement reached with Donald Kinner respecting refuse collection at North Star. Any other subjects about which Mr. Stewart has knowledge are protected by the attorney-client privilege.

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7.

John Ferrett, Polar Star, 2228 Chitina Ave., Eielson AFB, Alaska 99702 (907) 372-4701

Mr. Ferrett is the site manager at Polar Star and is believed to have information respecting how the Government administers the lease for a military family housing project on Eielson Air Force Base.

(B)

A copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment.

In addition to the documents already produced in this case, all non-privileged documents pertaining to the claims and defenses in this action will be made available for inspection and copying at North Star's facilities in Fairbanks, Alaska at a time mutually convenient to both parties.

(C)

A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under RCFC 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered.

At present, the full extent of the damages suffered by North Star is unknown as North Star continues to incur damages as a result of the Government's administration of the Birchwood Lease. The diminution of value to North Star's asset exceeds $12, 959, 390.00. North Star's damages also include, but are not limited to, the Government's actions to reduce North Star's rent based on erroneous downtime calculations, to increase the number of days that units are down between occupancies, and to place the financial burden of correcting occupant-caused

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damages on North Star. The damages described herein are exclusive of punitive damages and costs and attorneys fees that may be awarded to North Star at the conclusion of this litigation.

DATED: October 12, 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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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Initial Disclosures was served electronically on this 12th day of October, 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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