Free Objection to Exhibit List - District Court of Federal Claims - federal

Case 1:96-cv-00700-LB

Document 88

Filed 05/02/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS APACHE APARTMENT OF OWATONA, ET AL., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 96-700C (Judge Block)

DEFENDANT'S OBJECTIONS TO PLAINTIFFS' EXHIBIT LIST Pursuant to ¶ 4 of the Court's December 22, 2005 order, defendant, the United States, presents the following objections to plaintiffs' exhibit list. Pursuant to Rule 402 of the Federal Rules of Evidence ("F.R.E."), we object to the introduction into evidence by plaintiffs of Plaintiffs' Exhibit Nos. 9-10, 27-50, 53, 81-83, 119, 125, 139, 141-44, 146-47, 179-281, 321-37, 359, 395, 440-56, and 475 because those exhibits are not relevant to the claims set forth in plaintiffs' First Amended Complaint. In addition, pursuant to F.R.E. 802, we object to the introduction into evidence by plaintiffs of Plaintiffs' Exhibit Nos. 29, 41, 46, 48, 51, 60, 98, 148-49, 156, 158, 292, 321, 327, 395 (P-AP 008626, which plaintiffs otherwise misdescribe), 441, and 454 because those exhibits are hearsay.

Case 1:96-cv-00700-LB

Document 88

Filed 05/02/2006

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In addition, we object to the introduction into evidence by plaintiffs of Plaintiffs' Exhibit No. 52 because plaintiffs do not adequately describe that exhibit and have not provided it to us. Plaintiffs describe that exhibit only as "[a]ll documents If by that

listed on Addendum C of Expert Report of".

description plaintiffs mean the documents listed on Addendum C of the March 14, 2006 First Amended Expert Report of George R. Karvel, Ph.D, we object to the introduction into evidence by plaintiffs of those documents to the extent that plaintiffs do not separately list them on their exhibit list. We also object to the introduction into evidence by plaintiffs of Plaintiffs' Exhibit No. 171 because plaintiffs have not exchanged that document with the Government.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director

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Case 1:96-cv-00700-LB

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s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 514-4325 Facsimile: (202) 514-7965 Attorneys for Defendant May 2, 2006

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Case 1:96-cv-00700-LB

Document 88

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CERTIFICATE OF FILING I hereby certify that on May 2, 2006 the foregoing Defendant's Objections To Plaintiffs' Exhibit List 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. system. s/Timothy P. McIlmail Parties may access this filing through the Court's