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

Case 1:00-cv-00129-FMA

Document 90

Filed 04/14/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS LOCKHEED MARTIN CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 00-129C (Judge Allegra)

JOINT STATUS REPORT Pursuant to the Court's order dated March 29, 2006, the parties submit this joint status report. Plaintiff, Lockheed Martin Corporation ("Lockheed Martin"), intends to submit a request for a final decision regarding its loss upon disposition of CRAY computers to the contracting officer before May 31, 2006. Because the witnesses, documents and facts are the same or similar to the issue under consideration by this Court, Lockheed Martin believes it would be significantly more efficient for all parties to stay these proceedings while the contracting officer considers the new request for a final decision. For its part, defendant, the United States, wishes to proceed to resolve the issues that are currently before the Court. In this regard, the United States proposes to conduct discovery regarding the testimony of James Blue, in accordance with Appendix A, ¶ 13(b), Rules of the United States Court of Federal Claims ("Any witness whose identity has not been previously disclosed shall be subject to discovery"). Although Lockheed relied upon affidavits of Mr. Blue in it motion for summary judgment, Mr. Blue's identity had not been previously disclosed to the Government.

Case 1:00-cv-00129-FMA

Document 90

Filed 04/14/2006

Page 2 of 2

Lockheed opposes this additional discovery. Lockheed Martin believes that (1) Mr. Blue's name and role was disclosed during discovery; (2) discovery closed on September 23, 2003; (3) the Government's request amounts to a motion to reopen discovery, and (4) such a request should occur in the form of a motion to the Court to reopen discovery, which Lockheed Martin would oppose.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director s/ Clarence T. Kipps, Jr. by/ Angela Styles CLARENCE T. KIPPS, JR. MILLER & CHEVALIER, Chartered 655 15th Street, N.W. Suite 900 Washington, D.C. 20005 Tel: (202) 626-5800 Fax: (202) 628-0858 Attorney for Plaintiff

s/ Doris S. Finnerman DORIS S. FINNERMAN Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 307-0300 Fax: (202) 305-7643 Attorneys for Defendant