Free Status Report - District Court of Federal Claims - federal

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 1 of 11

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MONARCH ASSURANCE P.L.C., and THOMAS PATRICK DENTON TAYLOR, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 94-518C (Judge Bruggink)

PLAINTIFFS' STATUS REPORT Plaintiffs respectfully submit the following status report, pursuant to Court's order, dated October 27, 2006. Since the most recent status report submitted by plaintiffs, the undersigned has met in late December 2006 with Queen's Counsel Leolin Price, Junior Counsel Evan Price, and Solicitor Elizabeth Philpott. We are now awaiting their memorandum of law relevant to the issuance of the required letters rogatory. QC Price requested the issuance of renewed letters rogatory to help expedite consideration by the High Court of London. As such, attached are new letters, identical to those originally issued (Docket Sheet Event # 171, 172, and 173). The undersigned respectfully requests the Court to execute the attached letters rogatory and return them to the undersigned. As before, we will courier them to Queen's Counsel on behalf of the parties and the Court. We will keep the Court appraised of any further developments, and request an additional report be submitted by Plaintiffs in 90 days.

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 2 of 11

Date: January 26, 2007

Respectfully submitted, s/Raphael S. Moore RAPHAEL S. MOORE Moore & Moore Attorneys at Law Phoenix House, 413 F Street Davis, California 95616 Attorney for Plaintiffs

2

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 3 of 11

MONARCH ASSURANCE P.L.C. Manxonia House, Bay View Road Port St. Mary Isle of Man, and No. 94-518 C THOMAS PATRICK DENTON TAYLOR, Manxonia House, Bay View Road Port St. Mary Isle of Man, Plaintiffs, v. THE UNITED STATE OF AMERICA, Defendant. (Judge Bruggink)

TO: The High Court of Justice, England The United States Court of Federal Claims, Washington, D.C., presents its compliments and requests the following assistance: This action is pending in the United States Court of Federal Claims, in Washington, D.C.. The plaintiffs are Monarch Assurance PLC, and Thomas Patrick Denton Taylor; the defendant is the United States of America. This court has determined that in the interest of justice and to assure a complete record, the person named in Exhibit A, which is attached herein and incorporated by reference, is within your jurisdiction, and needs to be examined as a witness under oath. This court respectfully requests that:

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 4 of 11

1. You cause this witness to be summoned to attend an examination at a time and place you determine and before you or another person who is authorized and appointed by you to administer oaths and to preside over the examination. 2. You permit this witness to be examined by counsel for all parties in this matter, allowing full examination and cross-examination with regard to whether Mr. John Patrick Savage had the requisite authority to bind the United States Government in contract. 3. You order this witness to produce before, during, or immediately after the examination specific documents or other tangibles relevant to the subject matter of this case, the existence of which are made known to the witness in anticipation of the examination, or which become known during the course of the examination and which are requested by counsel. 4. You cause a verbatim transcript of the testimony of the witness to be taken and reduced to writing. 5. You authenticate by a seal of your court (or by such other way in accordance with your procedures) the record of the transcript and documents and return all, together with a note of the changes and expenses incurred in carrying out this request, to this court.

This court is ready and willing to render similar assistance to your court when required and takes this opportunity to extend to you its highest consideration. Dated: ________

________________________ Judge Bruggink

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 5 of 11

Exhibit A

Detective Inspector William Hulse (retired), previously of c/o Staffordshire Police HQ Cannock Road Stafford Staffs ST 17 oQG United Kingdom

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 6 of 11

MONARCH ASSURANCE P.L.C. Manxonia House, Bay View Road Port St. Mary Isle of Man, and No. 94-518 C THOMAS PATRICK DENTON TAYLOR, Manxonia House, Bay View Road Port St. Mary Isle of Man, Plaintiffs, v. THE UNITED STATE OF AMERICA, Defendant. (Judge Bruggink)

TO: The High Court of Justice, England The United States Court of Federal Claims, Washington, D.C., presents its compliments and requests the following assistance: This action is pending in the United States Court of Federal Claims, in Washington, D.C.. The plaintiffs are Monarch Assurance PLC, and Thomas Patrick Denton Taylor; the defendant is the United States of America. This court has determined that in the interest of justice and to assure a complete record, the person named in Exhibit A, which is attached herein and incorporated by reference, is within your jurisdiction, and needs to be examined as a witness under oath. This court respectfully requests that:

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 7 of 11

1. You cause this witness to be summoned to attend an examination at a time and place you determine and before you or another person who is authorized and appointed by you to administer oaths and to preside over the examination. 2. You permit this witness to be examined by counsel for all parties in this matter, allowing full examination and cross-examination with regard to whether Mr. John Patrick Savage had the requisite authority to bind the United States Government in contract. 3. You order this witness to produce before, during, or immediately after the examination specific documents or other tangibles relevant to the subject matter of this case, the existence of which are made known to the witness in anticipation of the examination, or which become known during the course of the examination and which are requested by counsel. 4. You cause a verbatim transcript of the testimony of the witness to be taken and reduced to writing. 5. You authenticate by a seal of your court (or by such other way in accordance with your procedures) the record of the transcript and documents and return all, together with a note of the changes and expenses incurred in carrying out this request, to this court.

This court is ready and willing to render similar assistance to your court when required and takes this opportunity to extend to you its highest consideration. Dated: ________

________________________ Judge Bruggink

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 8 of 11

Exhibit A

Mr. Sima Malkowich, previously of: Partners in Trade, Ltd. 136 Bath Road Chltenham Glos GL53 7JX United Kingdom

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 9 of 11

MONARCH ASSURANCE P.L.C. Manxonia House, Bay View Road Port St. Mary Isle of Man, and No. 94-518 C THOMAS PATRICK DENTON TAYLOR, Manxonia House, Bay View Road Port St. Mary Isle of Man, Plaintiffs, v. THE UNITED STATE OF AMERICA, Defendant. (Judge Bruggink)

TO: The High Court of Justice, England The United States Court of Federal Claims, Washington, D.C., presents its compliments and requests the following assistance: This action is pending in the United States Court of Federal Claims, in Washington, D.C.. The plaintiffs are Monarch Assurance PLC, and Thomas Patrick Denton Taylor; the defendant is the United States of America. This court has determined that in the interest of justice and to assure a complete record, the person named in Exhibit A, which is attached herein and incorporated by reference, is within your jurisdiction, and needs to be examined as a witness under oath. This court respectfully requests that:

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 10 of 11

1. You cause this witness to be summoned to attend an examination at a time and place you determine and before you or another person who is authorized and appointed by you to administer oaths and to preside over the examination. 2. You permit this witness to be examined by counsel for all parties in this matter, allowing full examination and cross-examination with regard to whether Mr. John Patrick Savage had the requisite authority to bind the United States Government in contract. 3. You order this witness to produce before, during, or immediately after the examination specific documents or other tangibles relevant to the subject matter of this case, the existence of which are made known to the witness in anticipation of the examination, or which become known during the course of the examination and which are requested by counsel. 4. You cause a verbatim transcript of the testimony of the witness to be taken and reduced to writing. 5. You authenticate by a seal of your court (or by such other way in accordance with your procedures) the record of the transcript and documents and return all, together with a note of the changes and expenses incurred in carrying out this request, to this court.

This court is ready and willing to render similar assistance to your court when required and takes this opportunity to extend to you its highest consideration. Dated: ________

________________________ Judge Bruggink

Case 1:94-cv-00518-EGB

Document 183

Filed 01/26/2007

Page 11 of 11

Exhibit A

Ms. Sarah Savage, previously of: West Horsley Surrey KT24 6LQ United Kingdom