Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:07-cv-00742-FMA

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Filed 09/12/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PARKWOOD ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 07-742C (Judge Allegra)

DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT Pursuant to Rule 56(h)(1) of the rules of this Court, defendant, the United States, respectfully submits these proposed findings of uncontroverted fact. 1. By letter dated August 3, 1992, plaintiff, Parkwood Associates Limited

Partnership ("Parkwood"), submitted to the Farmers Home Administration, United States Department of Agriculture ("FmHA"), a request to prepay the March 22, 1978 loan referenced in paragraph 4 of the complaint. The letter stated that Parkwood wished to prepay the loan on February 3, 1993. The letter noted that a complete prepayment request was enclosed "[a]s set forth in FmHA Instruction 1965-B, Exhibit E, `Prepayment Request of Rural Housing Loans,' which allows prepayment of loans obligated prior to December 21, 1997, which are not subject to restrictive use provision . . . ." App. 1, 4.1 2. By letter of September 2, 1992, Parkwood resubmitted its August 3, 1992

prepayment package. App. 2, 26. However, the Government took no action in response to Parkwood's 1992 prepayment request. App. 2.

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"App." refers to the appendix to Defendant's Motion for Summary Judgment.

Case 1:07-cv-00742-FMA

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3.

The Government did not allow Parkwood to prepay its loan without restrictions,

either in response to Parkwood's 1992 prepayment request or in response to any subsequent prepayment request. Complaint ¶¶ 19, 21, 24. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director

s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 616-8275 Facsimile: (202) 305-7643 Attorneys for Defendant September 12, 2008

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Case 1:07-cv-00742-FMA

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 12th day of September 2008, a copy of the foregoing "DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT" 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. Parties may access this filing through the Court's system.

s/Shalom Brilliant