Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:01-cv-00669-FMA

Document 98

Filed 07/09/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BENJAMIN & SHAKI ALLI AND BSA CORPORATION, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 01-669C (Judge Allegra)

DEFENDANT'S MOTION TO EXCLUDE WITNESSES AT TRIAL Pursuant to Rule 615 of the Federal Rules of Evidence, defendant, the United States, respectfully requests that the Court order witnesses excluded so that they cannot hear the testimony of other witnesses during the trial of this matter. FED. R. EVID . 615 ("At the request of a party, the [C]ourt shall order witnesses excluded so that they cannot hear the testimony of other witnesses.") (Emphasis added). This request does not

include exclusion of "(1) a party who is a natural person; or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a person authorized by statute to be present." Id.

Defendant's attorney contacted plaintiff's attorney, Eric Stempien who represents that plaintiff does not oppose this motion.

Case 1:01-cv-00669-FMA

Document 98

Filed 07/09/2007

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick by Martin F. Hockey, Jr. MARK A. MELNICK Assistant Director OF COUNSEL: Thomas G. Massouras Office of General Counsel U.S. Department of Housing & Urban Development 77 West Jackson Boulevard Suite 2629 Chicago, Illinois 60604 s/Marla T. Conneely MARLA T. CONNEELY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street Washington, D.C. 20530 Tel. (202) 307-1011 Fax. (202) 307-0972 Attorneys for Defendant

July 10, 2007

2