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

Case 1:07-cv-00361-LJB

Document 14

Filed 04/15/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ANITA CHALMERS, Plaintiff,
V.

THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) ) ) )

Case No. 07-361C (Judge Lynn J. Bush)

JOINT STATUS REPORT Pursuant to the Order issued by the Court on March 31, 2008, plaintiff and defendant respectfully submit the following joint status report: 1. Since the filing of the parties' last joint status report, plaintiff's proposal to settle this

case except as to claims based upon time spent driving between home and work in a Government vehicle was approved by the authorized representative of the Attorney General, with amendments. Counsel for the parties have been discussing the appropriate terms to include in the settlement agreement (which would apply to this case and 12 other cases involving similar claims), as well as the terms upon which stipulations of dismissal should be filed. These discussions principally concern the manner in which payments under the settlement should be calculated in certain situations that may be relevant to a limited number of plaintiffs in these cases. Further, plaintiff has submitted her claim to defendant for calculation. 2. The parties anticipate resolving plaintiff's claims for back pay for driving to and from

work in a Government vehicle through dispositive motions. Plaintiff believes that discovery will be necessary regarding plaintiff' s back pay claims for driving to and from work in a Government

Case 1:07-cv-00361-LJB

Document 14

Filed 04/15/2008

Page 2 of 3

vehicle. Defendant believes that discovery concerning plaintiff's claim for driving time is

unwarranted and an undue burden, that this claim is controlled by Adams v. United States, 471 F.3d
1321 (Fed. Cir. 2006), cert. denied, 128 S.Ct 866 (2008), and that, under this controlling precedent,

plaintiff's driving claim should be dismissed as a matter of law. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant A~o~ ............... .i.~ i~211-~~~ ~'~::2~6DD M. HUGHES

Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202) 296-7220

James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiffs Dated: April 15, 2008

De~ctor SHALOM Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Washington, D.C. 20036 Tel: (202) 616-8275 Fax: (202) 305-7643 OF COUNSEL: Michael J. Dierberg William Rayel Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Attorneys for Defendant Dated: April 15, 2008

Case 1:07-cv-00361-LJB

Document 14

Filed 04/15/2008

Page 3 of 3

CERTIFICATE OF FILING

I hereby certify that on the 15th day of April, 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