Free Witness List - District Court of Federal Claims - federal

Case 1:96-cv-00700-LB

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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 WITNESS LIST Defendant, the United States, lists the following witnesses whom it expects to present at trial, pursuant to ¶ 3 of the Court's December 22, 2005 order and ¶ 15 of Appendix A to the Rules of the United States Court of Federal Claims. 1. Mark Campbell Director, Project Management Department of Housing and Urban Development Minneapolis Multifamily HUB 920 Second Avenue South Suite 1300 Minneapolis, MN 55402 612) 370-3051 x2263 Mr. Campbell is the Director of Project Management at the Minneapolis Multifamily HUB of the Department of Housing and Urban Development ("HUD"). He has been an employee of HUD for over 25 years and has served as the Director of Project Management since 1992. Mr. Campbell is expected to testify about

the nature of HUD multifamily subsidy and insurance programs including sections 8 and 236; the policies and practices of HUD's subsidy and insurance programs; the general investment backed

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expectations of participants in HUD's subsidy and insurance programs; the nature of HUD's actions pursuant to preservation, the Emergency Low Income Housing Preservation Act of 1987 ("ELIHPA" or "Title II"), Pub. L. No. 101-242, § 221, 101 Stat 1878-79 (February 5, 1988), and the Low Income Housing Preservation and Resident Ownership Act of 1990 ("LIHPRHA" or "Title VI"), 12 U.S.C. § 4101 et seq., Title II and Title VI; HUD's policies and practices regarding preservation, Title II and Title VI; the nature, cost, and benefits of the various options available to subsidy and insurance program participants pursuant to preservation, Title II and Title VI; the economic impact Title II and Title VI had upon participants in HUD's subsidy and insurance programs; and interaction and correspondence with plaintiffs. 2. Estimated time for direct examination is 3 hours.

Dr. Bret M. Dickey Senior Managing Economist LECG 2000 Powell Street Suite 600 Emeryville, CA 94608 (510) 985-6700 Dr. Dickey is an economics analysis expert. The Government

has retained Dr. Dickey to provide expert analyses and testimony. His testimony is expected to include his background, experience and qualifications; multifamily housing (both conventional and subsidized); the investment backed expectations of plaintiffs; the extent of any economic impact of Title II and Title VI upon

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plaintiffs; the assumptions and conclusions of plaintiffs' witnesses; facts and opinions that tend to contradict those assumptions and conclusions; and any matters contained in his expert report, raised during his deposition, or in response to testimony provided by plaintiffs' expert and fact witnesses. In

addition, as plaintiffs continue to name or identify witnesses, Dr. Dickey may testify concerning topics that rebut or address the new or supplemented reports or opinions. direct examination is 6 hours. 3. Mr. Daniel P. Mueller, MAI Director, Integra Realty Resources 222 South 9th Street Suite 3220 Minneapolis, MN 55402 (612) 236-0107 Mr. Mueller is a Certified General Real Estate Appraiser and Member of the Appraisal Institute (MAI). He is a Director for The Estimated time for

Integra Realty Resources's Minneapolis, Minnesota office.

Government has retained Mr. Mueller to provide expert analyses and testimony. His testimony is expected to include his

background, experience, and qualifications; an appraisal of the hypothetical retrospective market value of plaintiffs' properties as of certain times and under certain given conditions; the assumptions and conclusions of plaintiffs' expert and fact witnesses; facts and opinions that tend to contradict those assumptions and conclusions; and any matters contained in his expert report, raised during his deposition, or in response to 3

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testimony provided by plaintiffs' witnesses.

In addition, as

plaintiffs continue to name or identify witnesses, or as plaintiffs' experts modify their reports, Mr. Mueller may testify concerning topics that rebut or address the new or supplemented reports or opinions. Mr. Mueller will also present testimony

regarding a preservation appraisal that he performed for a property in the Minneapolis area for purposes of transfer of the property to a qualified purchaser pursuant to LIHPRHA. time for direct examination is 6 hours. 4. Mr. Kenneth J. Malek, CPA, CIRA Managing Director Navigant Consulting 175 West Jackson Street Suite 500 Chicago, IL 60604 Mr. Malek is a Managing Director of Navigant Consulting and has 27 years of financial consulting and public accounting experience. He is a Certified Public Accountant and Certified Mr. Malek has significant Estimated

Insolvency and Restructuring Advisor.

experience with addressing corporate and partnership transactions and structuring of transactions to maximize income tax benefits, including advising clients regarding the tax benefits of investing in low-income housing. The Government has retained His

Mr. Malek to provide expert analyses and testimony.

testimony is expected to include his background, experience and qualifications; the investment backed expectations of investors such as plaintiffs, including the tax benefits derived from 4

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investing in a low-income multifamily housing projects; the assumptions and conclusions of plaintiffs; facts and opinions that tend to contradict those assumptions and conclusions; and any matters contained in his expert report, raised during his deposition, or in response to testimony provided by plaintiff's witnesses. In addition, as plaintiffs continue to name or

identify witnesses, Mr. Malek may testify concerning topics that rebut or address the new or supplemented reports or opinions. Estimated time for direct examination is 2 hours. 5. Harold Teasdale 5407 Excelsior Blvd. Minneapolis, MN 55416 (952) 922-4405 Mr. Teasdale is a partner with the Minnesota Brokerage Group, located in Minneapolis, Minnesota. His testimony is

expected to include his background, experience and qualifications in the multifamily housing industry (both conventional and subsidized). He will also provide testimony regarding the

investment backed expectations of plaintiffs and other similarly situated owners in the Minnesota area. Mr. Teasdale will testify

about the sales pursuant to Title II and Title VI for which he and the Minnesota Brokerage Group assisted owners. Mr. Teasdale

will also testify about the other options available to owners pursuant to Title II and Title VI that he and the Minnesota Brokerage Group assisted owners in pursuing. direct examination is 3 hours. 5 Estimated time for

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6.

Paul Arnfelt General Partner Apache Apartments of Owatonna Limited Partnership Waseca Village Limited Partnership 1235 Ridge Road Owatonna, MN 55060 (507) 451-0926 Mr. Arnfelt is expected to testify regarding plaintiffs,

Apache Apartments of Owatonna Limited ("Apache") and Waseca Village Limited Partnership ("Waseca"), specifically regarding Apache's and Waseca's investment backed expectations; the economic impact Title II and Title VI had upon Apache and Waseca; the conditions under which Apache and Waseca would have pre-paid their mortgages; the costs and benefits of participating in a HUD insurance or subsidy program; the nature of HUD's actions pursuant to Title II and Title VI; the costs and benefits of the various options available to Apache and Waseca pursuant to Title II and Title VI; Apache's and Waseca's relationship with HUD; and the inner-workings of Apache and Waseca. direct examination is 1 hour. 7. David Busch Rochester Square Limited Partnership Winona Village Limited Partnership P.O Box 6757 Rochecter, MN 55903 Mr. Busch is expected to testify regarding plaintiffs, Rochester Square Limited Partnership ("Rochester") and Winona Village Limited Partnership ("Winona"), specifically regarding Rochester's and Winona's investment backed expectations; the Estimated time for

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economic impact Title II and Title VI had upon Rochester and Winona; the conditions under which Rochester and Winona would have pre-paid their mortgages; the costs and benefits of participating in a HUD insurance or subsidy program; the nature of HUD's actions pursuant to Title II and Title VI; the costs and benefits of the various options available to Rochester and Winona pursuant to Title II and Title VI; Rochester's and Winona's relationship with HUD; and the inner-workings of Rochester and Winona. 8. Estimated time for direct examination is 1 hour.

Joseph Weis Rochester Square Limited Partnership Winona Village Limited Partnership P.O Box 6757 Rochecter, MN 55903 Mr. Weis is expected to testify regarding plaintiffs,

Rochester Square Limited Partnership ("Rochester") and Winona Village Limited Partnership ("Winona"), specifically regarding Rochester's and Winona's investment backed expectations; the economic impact Title II and Title VI had upon Rochester and Winona; the conditions under which Rochester and Winona would have pre-paid their mortgages; the costs and benefits of participating in a HUD insurance or subsidy program; the nature of HUD's actions pursuant to Title II and Title VI; the costs and benefits of the various options available to Rochester and Winona pursuant to Title II and Title VI; Rochester's and Winona's relationship with HUD; and the inner-workings of Rochester and

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Winona. 9.

Estimated time for direct examination is 1 hour.

Robert Thimmesh Tonka Gardens, LLC 4110 Rahn Road Eagan, MN 55122 Mr. Thimmesh is expected to testify regarding plaintiff,

Tonka Gardens, LLC, specifically regarding Tonka Gardens's investment backed expectations; the economic impact Title II and Title VI had upon Tonka Gardens; the conditions under which Tonka Gardens would have pre-paid their mortgages; the costs and benefits of participating in a HUD insurance or subsidy program; the nature of HUD's actions pursuant to Title II and Title VI; the costs and benefits of the various options available to Tonka Gardens pursuant to Title II and Title VI; Tonka Gardens's relationship with HUD; and the inner-workings of Tonka Gardens. Estimated time for direct examination is 1 hour. 10. Timothy Murray Brainerd South Limited Partnership 14445 23d Avenue North Plymouth, MN 55447 (763) 404-0952 Mr. Murray is expected to testify regarding plaintiff, Brainerd South Limited Partnership, specifically regarding Brainerd's investment backed expectations; the economic impact Title II and Title VI had upon Brainerd; the conditions under which Brainerd would have pre-paid their mortgages; the costs and benefits of participating in a HUD insurance or subsidy program; the nature of HUD's actions pursuant to Title II and Title VI; 8

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the costs and benefits of the various options available to Brainerd pursuant to Title II and Title VI; Brainerd's relationship with HUD; and the inner-workings of Brainerd. Estimated time for direct examination is 1 hour. 11. Donald Floyd Hagen Hopkins Village Limited Partnership 1589 Highway 7, Suite 203 Hopkins, MN 55343 Mr. Hagen is expected to testify regarding plaintiff, Hopkins Village Limited Partnership, specifically regarding Hopkins Village's investment backed expectations; the economic impact Title II and Title VI had upon Hopkins Village; the conditions under which Hopkins Village would have pre-paid their mortgages; the costs and benefits of participating in a HUD insurance or subsidy program; the nature of HUD's actions pursuant to Title II and Title VI; the costs and benefits of the various options available to Hopkins Village pursuant to Title II and Title VI; Hopkins Village's relationship with HUD; and the inner-workings of Hopkins Village. examination is 1 hour. Estimated time for direct

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12.

Jeffrey Hagen Hopkins Village Limited Partnership 1589 Highway 7, Suite 203 Hopkins, MN 55343 Mr. Hagen is expected to testify regarding plaintiff,

Hopkins Village Limited Partnership, specifically regarding Hopkins Village's investment backed expectations; the economic impact Title II and Title VI had upon Hopkins Village; the conditions under which Hopkins Village would have pre-paid their mortgages; the costs and benefits of participating in a HUD insurance or subsidy program; the nature of HUD's actions pursuant to Title II and Title VI; the costs and benefits of the various options available to Hopkins Village pursuant to Title II and Title VI; Hopkins Village's relationship with HUD; and the inner-workings of Hopkins Village. examination is 1 hour. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director Estimated time for direct

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 April 18, 2006 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on April 18, 2006 the foregoing Defendant's 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. access this filing through the Court's system. Parties may

s/Timothy P. McIlmail