Free Order - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 308

Filed 08/08/2005

Page 1 of 2

In The United States Court of Federal Claims
No. 98-168C (Filed: August 8, 2005) __________ NORTH STAR ALASKA HOUSING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER __________ On July 27, 2005, the court heard oral argument on defendant's April 18, 2005, motion in limine. On July 29, 2005, the court issued an order denying, in part, and reserving, in part, that motion, and ordering the parties to provide certain additional documentation and case citations for the court's consideration. On August 1, 2005, and August 5, 2005, plaintiff and defendant, respectively, filed additional documentation with the court. On August 8, 2005, the court held a telephonic status conference to discuss resolution of the previously reserved portions of defendant's motion. Based upon the parties' submissions and the discussions held at the conference, the court ORDERS that defendant's motion in limine is hereby GRANTED, in part, DENIED, in part, and RESERVED, in part. 1. With respect to Count II of the 1998 complaint, regarding refuse collection, defendant's motion is hereby GRANTED. With respect to Count IV of the 1998 complaint, regarding the use of depreciation schedules, defendant's motion is hereby DENIED. With respect to Count VII of the 1998 complaint, regarding incentive fee awards, and with regard to the portion of the 2002 complaint dealing with incentive fee awards, defendant's motion is hereby DENIED.

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Case 1:98-cv-00168-FMA

Document 308

Filed 08/08/2005

Page 2 of 2

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With respect to Counts I, II, III, V, VI, IX, X, XI, and XII of the 2003 complaint, defendant's motion is hereby RESERVED for consideration during or following the conclusion of trial.

If evidence produced at trial so warrants, defendant may renew any of its jurisdictional arguments at trial or in post-trial briefing. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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