Free Motion for Status Conference - District Court of Federal Claims - federal

Case 1:01-cv-00316-FMA

Document 47

Filed 07/19/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) SWARTZ ASSOCIATES, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) No. 01-316C (Judge Allegra)

JOINT STATUS REPORT ISSUED PURSUANT TO THE COURT'S ORDER DATED JULY 1, 2004 In accordance with the Court's Order dated July 1, 2004, plaintiff, Swartz Associates, Inc., ("Swartz") and defendant, the United States, hereby inform the Court of the parties' proposals for further proceedings in this case. The parties intend, within seven days of the filing of this status report, to file a joint stipulation of dismissal in which Swartz will voluntarily dismiss its contract claims, counts one, three, five, six and eight, without prejudice. The parties propose that Swartz's bid protest claims, counts two, four, and seven, be stayed by the Court pending further notification to the Court from Swartz indicating that its contract claims have been resolved in another forum, or that it has filed contract claims in this Court. In accordance with the Court's suggestion, the parties further propose that, should Swartz reassert any future contract claim in this Court, the Court should reconsolidate Swartz's contract and bid protest claims in a coordinated proceeding before this Court. The Government reserves the right to file a motion to dismiss, should Swartz refile its contract claims in this Court.

Case 1:01-cv-00316-FMA

Document 47

Filed 07/19/2004

Page 2 of 3

Respectfully submitted, /s/ Greg Sodini GREGG SODINI, ESQ. Sodini & Spina 510 Thornall Street Suite 180 Edison, New Jersey 08837 Attorneys for plaintiff STUART E. SCHIFFER Acting Assistant Attorney General DAVID M. COHEN Director /s/ James Kinsella by Jeanne Davidson JAMES M. KINSELLA Deputy Director /s/ John Roberson JOHN H. ROBERSON Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-7972 Attorneys for Defendant Of Counsel: JONI GIBSON Associate General Counsel United States Marshals Service 600 Army-Navy Drive Suite 1250 Arlington, VA 22202 Tel: (202) 307-9054

Dated: July 19, 2004

-2-

Case 1:01-cv-00316-FMA

Document 47

Filed 07/19/2004

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 19th day of July 2004, I caused to be placed in the United States mail (first class, postage prepaid) and to be served by facsimile, a copy of "Joint Status Report Issued Pursuant To The Court's Order Dated July 1, 2004" addressed as follows: GREGG SODINI, ESQ. Sodini & Spina 510 Thornall Street Suite 180 Edison, New Jersey 08837 Facsimile (732) 603-0441 I also hereby certify that on this 19th day of July 2004, a copy of the foregoing "Joint Status Report Issued Pursuant To The Court's Order Dated July 1, 2004" 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/ John Roberson John H. Roberson

-3-