Free Motion in Limine - District Court of Federal Claims - federal

Case 1:96-cv-00700-LB

Document 66

Filed 03/15/2006

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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 MOTION IN LIMINE REGARDING EXPERT OPINION Defendant, the United States, requests, in limine, that the Court preclude from the trial currently scheduled to commence on June 12, 2006, any opinion testimony of Dr. George Karvel not reported to the Government by March 8, 2005. On October 7, 2004,

the Court ordered that expert reports be produced to parties by March 8, 2005, and stated that no extension of that deadline would be granted. Plaintiffs produced to the Government by that The Government expended

date a report of Dr. George Karvel.

financial resources to depose Dr. Karvel, produce an expert opinion rebutting his report, and make our expert available for deposition by plaintiffs. However, on March 14, 2006, more than

a year after the Court's deadline and less than three months before trial is scheduled to commence, plaintiffs have produced to us a "First Amended Expert Report" of Dr. Karvel. Reviewing and responding to Dr. Karvel's new report would force the Government to incur additional expense that would have

Case 1:96-cv-00700-LB

Document 66

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been unnecessary had Dr. Karvel's opinion been produced in its entirety by March 8, 2005. In view of the lateness of

Dr. Karvel's new report, the expense already incurred in responding to his original report, and the expense that the Government would have to incur to review and respond to Dr. Karvel's new report, defendant requests that the Court preclude from trial any opinion offered by Dr. Karvel that was not produced to the Government by March 8, 2005. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director 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 March 15, 2006

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Case 1:96-cv-00700-LB

Document 66

Filed 03/15/2006

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CERTIFICATE OF FILING I hereby certify that on March 15, 2006 the foregoing Defendant's Motion In Limine Regarding Expert Opinion 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