Free Status Report - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 190

Filed 05/03/2004

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

No. 03-2699C, 02-1632C, 98-168C (Judge Allegra)

DEFENDANT'S IN CAMERA SUBMISSION AND MOTION FOR LEAVE TO SUBMIT DECLARATION WITHOUT ORIGINAL SIGNATURE Pursuant to the Court's April 3, 2003 and March 1, 2004 Orders, defendant, the United States, submits the enclosed declaration for In Camera consideration by the Court. The declaration reports that the criminal investigation of North Star is continuing, with a change in primary investigator, and additional direction by the First Assistant United States Attorney. See Affidavit of Crandon Randell, April 30, 2004 at ¶¶ 2-3. The declaration also states that, in order to avoid delay to the civil proceedings, the United States would join in a request to this Court to modify the suspension of these cases to permit briefing and decision upon the motion for summary judgment filed by North Star on March 28, 2003. See Affidavit of Crandon Randell, April 30, 2004 at ¶ 9. The Assistant United States Attorney states that he supports that request to the extent the litigation of the motion for summary judgment will not interfere with the investigation. See Affidavit of Crandon Randell, April 30, 2004 at ¶ 9. Defendant respectfully requests leave to submit the declaration of Mr. Randell accompanying this status report without an original signature. The declarant had prepared this

Case 1:98-cv-00168-FMA

Document 190

Filed 05/03/2004

Page 2 of 3

declaration and forwarded it to defendant's counsel. A facsimile copy accompanies this submission. We anticipated that the original would arrive prior to filing our report today. Unfortunately, the original has not reached defendant's counsel in time for submission with our report. We will provide the original declaration to the Court upon receipt by defendant's counsel. For these reasons, we respectfully request that this motion for leave be granted.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director

OF COUNSEL: JEANIE ANNE NELSON Assistant District Counsel United States Army Corps of Engineers Alaska District s/Donald E. Kinner DONALD E. KINNER Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7561 Attorneys for the Defendant May 3, 2004

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Case 1:98-cv-00168-FMA

Document 190

Filed 05/03/2004

Page 3 of 3

Certificate of Filing I hereby certify that on May 3, 2004 a copy of foregoing "DEFENDANT'S IN CAMERA SUBMISSION AND MOTION FOR LEAVE TO SUBMIT DECLARATION WITHOUT ORIGINAL SIGNATURE" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Donald E. Kinner

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