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

Case 1:04-cv-01544-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE ELLAMAE PHILLIPS COMPANY, ) a Colorado Registered LLP ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) _______________________________ )

No. 04-1544L Judge Lawrence M. Baskir

JOINT STATUS REPORT The parties hereby submit this Joint Status Report in accordance with the Court's Order, dated August 13, 2007. In its Order, the Court requested that the parties submit a Joint Status Report "once the Defendant reaches a decision on whether to request the Court to certify an interlocutory appeal, but no later than October 1, 2007." Order, dated Aug. 13, 2007. The parties have discussed this matter by telephone and have agreed upon the following proposal. 1. The United States is continuing to explore whether to ask the Court to

certify an interlocutory appeal to the United States Court of Appeals for the Federal Circuit, pursuant to 28 U.S.C. Section 1292(d)(2). 2. The internal process for determining whether to ask the Court to

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Case 1:04-cv-01544-LMB

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certify a decision for interlocutory appeal requires coordination among the Natural Resources Section of the Department of Justice, agency counsel, the Environment and Natural Resources' Appellate Section, and the Office of the Solicitor General. The ultimate decision is made by the Solicitor General of the United States, and the matter is currently pending before the Solicitor General. 3. The United States, therefore, is not currently in a position to

immediately request certification, but expects resolution of this issue within the next three weeks, or no later than October 22, 2007. 4. The United States suggests that the parties submit a further Joint

Status Report once a decision on whether to request certification is made, but at least prior to October 22, 2007. 5. Plaintiff is opposed to this course of action, or any proposal that does

not include the immediate initiation of a determination of just compensation. This Joint Status Report was prepared by counsel for the United States in consultation with Plaintiff's counsel. Counsel for the Plaintiff agrees with its content and has authorized counsel for the United States to file on behalf of both parties.

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Respectfully submitted this 1st day of October, 2007.

_/s/ George M. Allen_______ GEORGE M. ALLEN 206-A Society Dr. Telluride, CO 81435 970-369-1000 (phone) 970-369-1009 (fax) RONALD J. TENPAS Acting Assistant Attorney General

_/s/ William J. Shapiro_____ WILLIAM J. SHAPIRO Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section 501 I Street Suite 9-700 Sacramento, CA 95814 (916) 930-2207 (phone) (916) 930-2210 (fax)

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