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

Case 1:06-cv-00751-MCW

Document 13

Filed 10/10/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 06-751 T (Judge Mary Ellen Coster Williams) _____ LAWRENCE S. LEWIN and MARION E. LEWIN, Plaintiffs, v. THE UNITED STATES, Defendant. _____ JOINT STATUS REPORT _____ The parties file this joint status report to propose a course of further proceedings in the instant case, Gordon R. Cooke and Jennifer L. Cooke v. United States, Fed. Cl. No. 06-850T, Harold A. Cooper and Ruth Cooper, Deceased v. United States, Fed. Cl. No. 07-107T, and Lloyd W. Bailey et al. v. United States, Fed. Cl. No. 07-204T. The undersigned counsel for plaintiffs represent the plaintiffs in all four cases. In each case, the Court entered a stay of proceedings, pending the disposition of John Herda and Margaret Herda et al. v. United States, Fed. Cl. No. 06-224T. On October 4, 2007, the parties filed a joint stipulation of dismissal in Herda. In light of the dismissal of Herda, the parties agree that the Court should lift the stay in either Lewin, Cooke, Cooper, or Bailey. The parties respectfully request that the Court allow the parties the opportunity to recommend which of the four cases should proceed. Plaintiffs' counsel represents that she needs additional time to consult her files and to contact her clients before making such a recommendation. Defendant has no objection to allowing such additional time. -1-

Case 1:06-cv-00751-MCW

Document 13

Filed 10/10/2007

Page 2 of 3

Accordingly, the parties propose to file an additional joint status report on or before October 29, 2007, in the case that they recommend moving forward. Until then, the parties respectfully request that the Court continue the current stays of proceedings in Lewin, Cooke, Cooper, and Bailey.

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Case 1:06-cv-00751-MCW

Document 13

Filed 10/10/2007

Page 3 of 3

October 10, 2007 Date

Respectfully submitted, /s/ Karen Servidea KAREN SERVIDEA Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 616-3423 (202) 514-9440 (fax) RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section /s/ Steven I. Frahm by /s/ Mary M. Abate Of Counsel Attorneys for Defendant

October 10, 2007 Date

/s/ Sallie W. Gladney by /s/ Karen Servidea Thomas E. Redding Sallie W. Gladney Teresa J. Womack REDDING & ASSOCIATES, P.C. 2914 West T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 Fax Attorneys for Plaintiffs

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