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

Case 1:96-cv-00700-LB

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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' WITNESS LIST Pursuant to ¶ 4 of the Court's December 22, 2005 order, defendant, the United States, presents the following objections to plaintiffs' witness list. The descriptions of the expected testimony of Paul Arnfelt, David Busch, Donald Hagen, Jeffrey Hagen, Timothy Murray, Robert Thimmesh, and Joseph Weiss recite that each is expected to testify regarding "the prepayment intentions of plaintiffs, the efforts made by plaintiffs to prepay and leave the program, and the current status of the properties at issues." Pursuant to

Rule 602 of the Federal Rules of Evidence ("F.R.E."), we object to those witnesses providing testimony regarding plaintiffs and properties of which they do not have personal knowledge. The description of the expected testimony of William Dockser recites that he is expected to testify regarding "the investment backed expectations of participants in HUD programs; the nature of the government's actions, policies and procedures in the name

Case 1:96-cv-00700-LB

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of housing `preservation,' as well as Title II and Title VI; the nature and costs of various options made available pursuant to the `preservation' policy; and the economic impact of the government's action on HUD program participants." Pursuant to

F.R.E. 602, we object to Mr. Dockser presenting testimony regarding matters of which he does not have personal knowledge. The description of the expected testimony of Dr. George Karvel recites that he is expected to testify regarding "the matters set forth in his expert report and any amendments thereto." We object to any testimony of Dr. Karvel regarding any

opinion not reported to the Government by March 8, 2005, the deadline set by the Court on October 7, 2004. 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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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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CERTIFICATE OF FILING I hereby certify that on May 2, 2006 the foregoing Defendant's Objections To Plaintiffs' Witness 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