Free Scheduling Order - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 211

Filed 09/03/2004

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In The United States Court of Federal Claims
No. 98-168C (Filed: September 3, 2004) ___________ NORTH STAR ALASKA HOUSING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. __________ ORDER __________ On September 1, 2004, a status conference was held in this case and in Case Nos. 021632C, and 03-2699C, now consolidated herein. Participating in the conference were Paul Killian, on behalf of plaintiff, and Donald Kinner, on behalf of defendant. Based on discussions during this conference, the Court determined that: 1. Plaintiff's request for the release of the in camera submissions previously made by the defendant is DENIED. On or before Tuesday, September 7, 2004, plaintiff shall file with the court a report indicating its intention whether to pursue an evidentiary hearing on the alleged destruction of documents described in plaintiff's Emergency Motion to Stop the Government's Destruction of Documents filed August 19, 2004. The consolidated cases shall proceed upon the following schedule: (i) Oral argument on plaintiff's Motion for Summary Judgment filed March 28, 2003, is scheduled for September 15, 2004, as indicated by separate order. On or before October 1, 2004, defendant shall provide to plaintiff the three discovery items identified as outstanding in Part I of plaintiff's Status Report filed August 6, 2004.

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Case 1:98-cv-00168-FMA

Document 211

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(iii)

On or before March 18, 2005, plaintiff will conduct and conclude the depositions of Yolanda Klumb, Nikish Goins, Rod Everett, Connie Kiser, Tom Petersen, Harold Hopson, and Dennis Klein referred to in Part D of Plaintiff's Discovery Report of February 26, 2003, and admitted by defendant to be outstanding in its Discovery Report of March 3, 2003. Pursuant to the Court's Order of June 3, 2002, the scope of these depositions, insofar as they relate to Case No. 98-168C, shall be strictly limited to two issues: (a) defendant's alleged "stockpiling" of units in the period from November 2001 through February 2002 and continuing; and (ii) decisions issued by the Contracting Officer on or about August 23, 2001, and October 30, 2001. Completion of the matters identified above shall constitute the completion of discovery in Case No. 98-168C. Under no circumstances may plaintiff enlarge the scope of discovery in that case, unless otherwise directed by the Court. On or before March 18, 2005, the parties shall complete all other discovery outstanding in the two other cases now consolidated in No. 98168C. On or before May 2, 2005, the parties shall file any in limine motions that raise issues of a substantive nature, i.e., issues that ordinarily would have been raised in a motion for summary judgment or partial motion therefor. Trial in this case shall be scheduled to occur on a date mutually agreeable to the parties and the court, but, in any event, not later than the beginning of August 2005.

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The parties are again reminded of the court's expectations in terms of civility and professionalism and of the ramifications of failing to meet those expectations.

IT IS SO ORDERED.

s/Francis M. Allegra Francis M. Allegra Judge

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