Free Joint Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00046-FMA

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CUYAHOGA METROPOLITAN HOUSING AUTHORITY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) Nos. 01-46C, 01-251C, 01-416C (Judge Allegra)

JOINT STATEMENT The parties propose that they proceed in the following manner: 1. Cuyahoga Metropolitan Housing Authority ("CMHA") will

file a motion for summary judgment requesting the Court to rule on the applicable measure(s) of damages: i.e., expectancy, reliance and/or restitution. In connection with its request for

expectancy damages, CMHA will include in its motion a request that the Court determine the calculation formula for the application of automatic annual adjustment factors and the calculation formula for the limitation provision, namely, how comparable unassisted unit rentals, the initial difference and material differences are to be utilized to calculate the limitation. In the case of "material difference," the Court will

be requested to determine whether 20%, or some other benchmark, is the appropriate measure of material difference. The

Government will file a response and cross-motion on the same issues, including the issue of whether a material difference

Case 1:01-cv-00046-FMA

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exists where the proposed adjustment exceeds the sum of comparable, unassisted rents and the initial difference. CMHA

may respond to the cross motion and reply to the Government's response to CMHA's motion. The Government may reply to CMHA's

response to the Government's motion. 2. After the Court rules on the above, the parties would

attempt to calculate and agree upon the damages and, if they are unable to do so because of factual disputes, the parties will request trial on the disputed issues.

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Case 1:01-cv-00046-FMA

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/ Fred J. Livingstone FRED J. LIVINGSTONE Taft, Stettinus & Hollister LLP 3500 BP Tower 200 Public Square Cleveland, OH 44114-2302 Telephone: (216) 241-2838 Facsimile: (216) 241-3707 Attorney for Plaintiff Of counsel: Lessie Milton Jones Vark J. Valponi Heather L. Tonsing s/ Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 307-0290 Facsimile: (202) 514-8624 Attorneys for Defendant

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