Free Status Report - District Court of Federal Claims - federal

Case 1:00-cv-00115-BAF

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) DAUPHIN ISLAND PROPERTY ) OWNERS ASSOCIATION, INC., ) a non-profit corporation; and ) JAMES W. HARTMAN, et. al., ) ) Plaintiffs, ) ) No. 00-115-L v. ) ) Hon. Bohdan A. Futey THE UNITED STATES OF AMERICA, ) ) Defendant. ) ___________________________________ ) JOINT STATUS REPORT Pursuant to the Court's Orders (Dkt. ## 167, 186) the parties submit the following Joint Status Report: 1. The last joint status report ( and Joint Motion to Approve Schedule)

was filed by the parties on February 1, 2008. (Dkt. # 185) 2. By Order (Dkt. # 186) of this Honorable Court dated February 5, 2008,

the Court ordered (1) that Plaintiffs' Independent Technical Review Team ("ITRT") team member, Dr. Dean, should have until March 10, 2008 to distribute to the parties any written dissent to the January 10, 2008 Final Impacts Report submitted by the Principal Investigator; (2) that Plaintiffs may exercise their right to request an ADR judge be assigned to this case not later than 30 days from the date

Case 1:00-cv-00115-BAF

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Plaintiffs' counsel is given written notices from the United States and the State of Alabama that they do not intend to make the election provided in paragraph 3(f)(i) of the Litigation Settlement Agreement ("LSA"); and (3) that the parties were to file a Joint Status Report by May 12, 2008, advising of their progress in implementing the LSA.
3.

Pursuant to the Court's order, Dr. Dean distributed his written dissent

to the Final Impacts Report to the parties on March 7, 2008. 4. Further pursuant to the Court's order, on May 5, 2008 the United

States and the State of Alabama jointly gave written notice to Plaintiffs' counsel, filed with the Court, that they do not intend to make the election provided in paragraph 3(f)(i) of the LSA. (Dkt. # 188). 5. On May 8, 2008 the Plaintiffs filed their Consolidated ADR Demand

(pursuant to paragraph 3(f)(ii) of the LSA) and Unopposed Request for Stay of ADR Proceedings. ( Dkt. # 190). 6. On May 9, 2008, this Court granted Plaintiffs' Request for Stay and

ordered the parties to file a joint status report and a recommendation for proceedings in ADR within ten days following the Principal Investigator's presentation of his findings in a public forum on Dauphin Island. (Dkt. # 191).
7.

The undersigned counsel for Defendant has express permission from

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Case 1:00-cv-00115-BAF

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Plaintiffs' counsel to sign and file this joint status report on their behalf. Dated: May12, 2008 /s/ Wells D. Burgess WELLS D. BURGESS Special Counsel Natural Resources Section Environment and Natural Resources Division U. S. Department of Justice 601 D Street, NW, Room 3020 Washington, D.C. 20004 Telephone: 202.305.0445 Facsimile: 202.514.8865 Email: [email protected] Attorney for Defendant /s/ Daniel G. Blackburn by /s/ Wells D. Burgess DANIEL G. BLACKBURN BLACKBURN & CONNER, P.C. Post Office Box 458 Bay Minette, Alabama 36507 Telephone: 251. 937.1750 Facsimile: 251.937.1785 Email: [email protected] Attorney for Plaintiffs OF COUNSEL: Lewis S. Wiener, Esq. SUTHERLAND ASBILL & BRENNAN 1275 Pennsylvania Avenue, N.W., Washington, D.C. 20004-2415 Richard E. Davis, Esq. DAVIS & FIELDS, P.C. Post Office Box 2925, Daphne, Alabama 36526 3

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Joseph D. Steadman, Esq. DODSON & STEADMAN, P.C. Post Office Box 1908, Mobile, Alabama 36633-1908

cc:

William D. Little, Assistant Attorney General, State of Alabama

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