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

Case 1:92-cv-00265-LAS

Document 157

Filed 09/22/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS REPUBLIC SAVINGS BANK, FSB, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 92-265C (Senior Judge Loren Smith)

DEFENDANT'S MOTION FOR STATUS CONFERENCE Pursuant to Rules 1 and 7 of the Rules of the Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a conference at the Court's earliest convenience to discuss the status of this case. Plaintiffs have advised us to state that they support this motion. This action was initiated in 1992. On January 29, 2004, the Court granted plaintiffs, Republic Savings Bank, F.S.B., et al., summary judgment as to liability. The Court allowed supplemental briefing on damages. This briefing was complete on March 12, 2004. On September 1, 2006, in response to a notice of designation for the CM/ECF system, plaintiffs wrote to the Court advising that the case was ripe for decision.1 We agree that, to our knowledge, the case is ripe for decision and respectfully seek guidance from the Court concerning any additional matters the Court may wish us to address in order to obtain a final resolution of this case. Consequently, we respectfully request a status conference to be convened at the Court's earliest convenience.

We did not receive service of plaintiff's letter to the Court until September 13, 2006, because all communications with the Department of Justice by regular mail must be diverted for anthrax-related treatment prior to delivery. We assume that future service copies will be timely received, now that the case has been added to the Court's electronic filing system. We object to plaintiffs' communication with the Court by letter, rather than by motion, as contemplated by the Court's Rules.

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Case 1:92-cv-00265-LAS

Document 157

Filed 09/22/2006

Page 2 of 3

Respectfully submitted, STUART E. SCHIFFER Deputy Assistant Attorney General DAVID M. COHEN Director s/Jeanne E. Davidson JEANNE E. DAVIDSON Deputy Director s/Timothy J. Abraham TIMOTHY J. ABRAHAM Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Commercial Litigation Branch 1100 L Street, N.W., Room 4046 Washington, D.C. 20005 Tel: (202) 353-0503 Fax: (202) 514-7969 Attorneys for Defendant

Of Counsel: MARK PITTMAN

September 22, 2006

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Case 1:92-cv-00265-LAS

Document 157

Filed 09/22/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on September 22, 2006, a copy of the foregoing "DEFENDANT'S MOTION FOR STATUS CONFERENCE" 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/Timothy J. Abraham

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