Free Response to Motion - District Court of Federal Claims - federal

Case 1:96-cv-00700-LB

Document 81

Filed 04/17/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________________________________________________ APACHE APARTMENTS OF OWATONNA, et al., Plaintiffs, v. THE UNITED STATES Defendant. ______________________________________________________________________________ PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO PROSECUTE Plaintiffs Apache Apartments of Owatonna, et al., hereby respond to "Defendant's Motion to Dismiss the Claims of New Goldendale Homes Limited Partnership and New Howard Lake Limited Partnership for Failure to Prosecute and Failure to Comply with an Order of this Court," filed on March 30, 2006. On April 17, 2006 (the date of this filing), plaintiffs and defendant filed a "Joint Stipulation Regarding Voluntary Dismissal of Plaintiffs New Goldendale Homes, L.P. and New Howard Lake, L.P.," pursuant to which the parties stipulated to the dismissal of all claims asserted in this action by the two plaintiffs at issue. As a result, defendant's motion has been rendered moot by the parties' stipulation. Accordingly, plaintiffs respectfully request that the Court deny defendant's motion to dismiss as moot given the stipulation filed by the parties. Case No. 96-700C (Judge Block)

Case 1:96-cv-00700-LB

Document 81

Filed 04/17/2006

Page 2 of 2

Dated: April 17, 2006 Filed Electronically

Respectfully submitted, s/ Jeff H. Eckland JEFF H. ECKLAND Mark J. Blando, Of Counsel ECKLAND & BLANDO LLP 500 Lumber Exchange 10 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 236-0160 Facsimile: (612) 236-0179 Jerry W. Snider, Of Counsel William L. Roberts, Of Counsel Mark D. Savin, Of Counsel Michael F. Cockson, Of Counsel FAEGRE & BENSON LLP 2200 Wells Fargo Center Minneapolis, MN 55402 Telephone: (612) 766-7000 Facsimile: (612) 766-1600 Attorneys for Plaintiffs

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