Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 181

Filed 07/17/2003

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

No. 98-168C (Judge Allegra)

DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S IN CAMERA SUBMISSION Pursuant to the Court's May 20, 2003 order, on July 1, 2003 defendant was required to file a status report. To provide the status of the criminal investigation of North Star to the Court, we provided an in camera affidavit of the investigator. The declaration contained confidential information. Defendant's counsel provided instructions that the declaration was to be provided to the Court, but not served upon plaintiff. The notice of in camera submission and declaration were delivered to the Court's chambers on July 1, and the notice of in camera submission was served upon plaintiff by hard copy. However, the submission was not electronically filed. Accordingly, we respectfully request leave to electronically file the attached "In Camera Submission" previously provided to the Court and plaintiff to ensure its proper entry in the docket of the case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director

Case 1:98-cv-00168-FMA

Document 181

Filed 07/17/2003

Page 2 of 3

OF COUNSEL: ANNE N. ROTH 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

July 17, 2003

Case 1:98-cv-00168-FMA

Document 181

Filed 07/17/2003

Page 3 of 3

Certificate of Filing I hereby certify that on July 17, 2003 a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S IN CAMERA SUBMISSION" 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