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

Case 1:04-cv-01544-LMB

Document 78

Filed 08/01/2007

Page 1 of 3

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 July 3, 2007. In its Order, the Court requested that the parties propose a schedule for further proceedings in this case. The parties have discussed this matter by telephone and have agreed upon the following proposal. 1. The United States would like an opportunity to consider 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

certify a decision for interlocutory appeal is often time-consuming, requiring coordination among the Natural Resources Section of the Department of

1

Case 1:04-cv-01544-LMB

Document 78

Filed 08/01/2007

Page 2 of 3

Justice, agency counsel, the Environment and Natural Resources' Appellate Section, and the Office of the Solicitor General. 3. Due to the need for coordination among these various offices, the

United States is not currently in a position to immediately request certification. 4. The parties both agree that the best option is to permit the United

States a reasonable period of time to consider the Court's ruling and determine whether to request certification. 5. The parties, therefore, suggest that they be allowed to submit a

further Joint Status Report once a decision on whether to request certification is made, but at least prior to October 1, 2007. 6. While the United States carries out the review described above,

counsel for the Plaintiff and officers of the Plaintiff intend to review potential amendment of the Complaint to embrace a broader claimant group. The United States believes that any effort to amend Plaintiff's complaint would be inappropriate and would oppose any such effort. 7. 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

2

Case 1:04-cv-01544-LMB

Document 78

Filed 08/01/2007

Page 3 of 3

file on behalf of both parties. Respectfully submitted this 1st day of August, 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)

3