Free Response - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 222-3

Filed 10/01/2004

Page 1 of 2

U.S. Department of Justice Civil Division
DONALD E. KINNER ASSISTANT DIRECTOR COMMERCIAL LITIGATION BRANCH

TEL: (202) 616-0392 FAX: (202) 305-7644

June 14, 2002 DELIVERED BY FACSIMILE AND HAND Paul W. Killian Akin, Gump, Strauss, Hauer & Feld 1333 New Hampshire Ave., NW Suite 400 Washington, DC 20036 Facsimile: (202) 887-4288 Re: North Star Alaska Housing Corp. v. United States, No. 98-168C (Fed. Cl.)

Dear Mr. Killian: Upon review of North Star's June 7, 2002 discovery requests, we noted that several of those requests are beyond the scope of the discovery allowed by the Court. Pursuant to the Court's discussion, and its order, as well as to facilitate the parties' ability to execute the accelerated schedule set by the Court, we are providing you advanced notice of those inappropriate requests. We hope this courtesy will avoid any dispute which might hinder completion of discovery by July 26, 2002. Interrogatories 14, 19, and 20, and Requests for Production 9, 10, and 11 are beyond the scope of the discovery that the Court proscribed in paragraph 1 of its June 3, 2002 Order. Accordingly, unless you withdraw those requests, our sole response to those interrogatories and document requests will be an objection upon that basis. In the event that we are unable to resolve this issue, we will request an immediate telephonic status conference with the Court. Very truly yours, s/Donald E. Kinner DONALD E. KINNER Assistant Director Commercial Litigation Branch Civil Division cc: Mr. Scott Marchand

Case 1:98-cv-00168-FMA

Document 222-3 -2-

Filed 10/01/2004

Page 2 of 2