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

Case 1:08-cv-00044-MBH

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Filed 08/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS KATHY L. FEDERICO, et al. Plaintiffs, v. THE UNITED STATES, Defendant. )

) )

) ) ) ) No. 08-44C (Judge Horn)

)
) JOINT STATUS REPORT

Pursuant to the Order issued by the Court on June 18, 2008, plaintiffs and defendant respectfully submit the following joint status report: 1. Since the filing of the parties' last joint status report, the parties have discussed the manner in which payments should be calculated based upon a previously negotiated settlement which would apply to this case and 12 other cases involving similar claims. These discussions principally concern certain situations that may be relevant to a limited number of plaintiffs in these cases. Pursuant to these discussions, the parties agreed that plaintiffs in these cases would submit to defendant a statement of the Fair Labor Standards Act (°'FLSA") hours they claim to have worked during the times in question (other than home-to-work driving time), and defendant would compute the amount of back pay that would be owed based upon these submissions. The parties would then discuss whether the amount computed by defendant would be adequate to resolve plaintiffs' claims, other than claims for home-to-work driving time, which would not be covered by the settlement. 2. On March 27, 2008, plaintiffs' counsel forwarded to defendant statements of FLSA hours for plaintiffs in this case and 55 other plaintiffs in various other cases. By May 30, 2008,

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defendant completed and forwarded to plaintiffs' counsel computations for 59 plaintiffs, including the plaintiffs in this case. Plaintiffs' counsel are reviewing these computations. 3. Plaintiffs' counsel have recently completed their review of defendant's computations concerning the plaintiffs in this case, and agree that these computations are con'ect. Counsel for the parties have not yet reached agreement, however, concerning whether settlement of plaintiffs' claims should include payment of interest.

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Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director BERNSTEIN Bemstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 F~x.." £202) 296-7220

M. HUGHES Deputy Director

James & Hoffman, P.C. 1101 17t" Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555
Attorneys for Plaintiff

SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit t 100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 616-8275 Fax: (202) 305-7643
Attorneys for Defendant

Dated: August~, 2008

Dated: August,~~ 2008

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CERTIFICATE OF SERVICE

I hereby certify that on the 18th day of August 2008, a copy of the foregoing "JOINT STATUS REPORT" 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/Shalom Brilliant