Free Response to Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:01-cv-00669-FMA

Document 65

Filed 09/07/2005

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UNITED STATES OF AMERICA COURT OF FEDERAL CLAIMS BENJAMIN ALLI, SHAKI ALLI and BSA CORPORATION, a Michigan Corporation Plaintiffs, vs. UNITED STATES OF AMERICA, Defendant. _____________________________________/ STEMPIEN & STEMPIEN, PLLC By: Gregory J. Stempien Eric Stempien Attorney for Plaintiff 315 N. Center Street Suite 200 Northville, MI 48167 (248) 735-9200 DEPARTMENT OF JUSTICE, COMMERCIAL LITIGATION By: Marla Conneely Attorney for Defendant 1100 L Street N.W., Room 11054 Washington, DC 20005 (202) 307-0318 _____________________________________/ PLAINTIFFS' RESPONSE TO DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT Plaintiffs, by and through their attorneys, hereby respond to Defendant's Proposed Findings of Uncontroverted Fact: 1. 2. 3. 4. Admit. Admit. Admit. Admit. Case No. 01-669C Judge Francis Allegra

Case 1:01-cv-00669-FMA

Document 65

Filed 09/07/2005

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5. 6. 7. 8. 9.

Admit. Admit. Admit. Admit. Plaintiffs admit that Section 4350.1, Chapter 13 of the HUD handbook relates to the Transfer of Physical Assets ("TPA") and the review process, Plaintiffs deny the allegations in paragraph 10 for the reason that term "familiar with" is vague and ambiguous. Plaintiffs further state that Benjamin Alli's reference to the HUD Handbook during his deposition relate only to his request to HUD for a copy of it. Admit. Admit. Admit. Plaintiffs deny the allegations in paragraph 14 and state that the HUD Handbook speaks for itself. Admit. Admit. Admit. Admit. Admit. Admit. Admit. Admit. Admit. Admit.

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11. 12. 13. 14.

15. 16. 17. 18. 19. 20. 21. 22. 23. 24.

Case 1:01-cv-00669-FMA

Document 65

Filed 09/07/2005

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25.

Plaintiffs can neither admit nor deny the allegations in paragraph 25 due to a lack of knowledge, but leave Defendant to its proofs. Plaintiffs admit that Cory Fanning, the prospective purchaser, may not have known HUD's requirements for the sale of the property, but affirmatively state that Mr. Fanning hired GMAC Commercial Mortgage Corporation for the purpose of financing the sale and completing the sale of the property, including obtaining necessary approvals from HUD. Exhibit 1 - Engagement Letter, page 2, paragraph 1 Plaintiffs admit that Mr. Fanning did not take any steps to request HUD approval, but affirmatively state that GMAC, his agent, did on his behalf. Exhibit 1 Admit. Admit. Admit. Admit. Admit. Plaintiffs admit that the revision dated printed on Section 4350.1, Chapter 13 of the HUD Handbook is 9/92.

26.

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28. 29. 30. 31. 32. 33.

STEMPIEN & STEMPIEN, PLLC

______________________________ By: Eric Stempien Attorney for Plaintiffs Dated: September 7, 2005