Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:07-cv-00742-FMA

Document 12-2

Filed 08/13/2008

Page 1 of 2

IN THE UNITED STATESCOURT OF FEDERAL CLAIMS PARKWOOD ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, Plaintiff,
V.

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) )

No. 07-742C (Judge Allegra)

THE UNITED STATES, Defendant.

JOINT STATUS REPORT Pursuant to the Court's Order of March 6, 2008, the parties respectfully submit this Joint Status Report. In the joint status report filed by the parties on May 22, 2008, the parties stated that Government counsel had discovered several documents that he believed gave rise to a statute of limitations defense; that Government believes that the question whether this action is timebarred should be resolved by motion before settlement could be considered; and that the Government expected to file such a motion on or before June 20, 2008. In the course of preparing such a motion, however, Government counsel concluded that limited discovery concerning the events relevant to the application of the statute of limitations in this case was necessary before filing the motion. The Government served written discovery Upon plaintiff for this purpose on June 17, 2008. Plaintiff served its response to the Government's discovery on July 16, 2008. On July 17, 2008, plaintiff served upon the Government written discovery requests relating to the statute of limitations issue. The Government's response to these requests is due on August 19, 2008. Based upon the discovery conducted to date, the Government anticipates filing a motion for summary judgment based upon the statute of limitations by September 12, 2008.

Case 1:07-cv-00742-FMA

Document 12-2

Filed 08/13/2008

Page 2 of 2

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON C. CLAYTON GILL Moffatt, Thomas, Barrett, Rock & Fields, Chartered 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701 Telephone: (208) 345-2000 Facsimile: (208) 385-5384 Attorney for Plaintiff Dated: ~.114o~

!@RIAN M. SIMKIN Assistant Director

SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 616-8275 Facsimile: (202) 305-7643 Attorneys for Defendant Dated: .7 f~/~ ~

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