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

Case 1:04-cv-01390-FMA

Document 17

Filed 06/10/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTH AMERICAN INSURANCE COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 04-1390 (Judge Allegra)

JOINT STATUS REPORT Pursuant to the Court's order dated January 31, 2005, the parties respectfully submit the following status report. Discovery Discovery in this case closed on May 27, 2005. Plaintiff

has not yet responded to defendant's first set of interrogatories and requests for production of documents. to respond by June 24, 2005. Dispositive Motions The parties are in substantial agreement concerning the material facts, and their dispute is focused upon legal questions. Accordingly, the parties propose the following Plaintiff has agreed

schedule for dispositive motions: Plaintiff's motion for summary judgment: July 15, 2005 Defendant's response and cross-motion for summary judgment: August 15, 2005

1

Case 1:04-cv-01390-FMA

Document 17

Filed 06/10/2005

Page 2 of 3

Plaintiff's reply in support of its motion for summary judgment and response to defendant's cross-motion: September 15, 2005 Defendant's reply in support of its cross-motion for summary judgment: October 3, 2005 Other Matters Because the parties believe that this action may be resolved by dispositive motions, they propose that no trial date be scheduled at this time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Brigid F. Kennedy BRIGID F. KENNEDY, OBA #12361 KENNEDY LAW FIRM, A.P.C. 4334 Northwest Expressway, Suite 151 Oklahoma City, OK 73116 (405) 843-5673 (405) 843-5780 (Fax) ROBERT L. MAGRINI, OBA #12385 HAYES MAGRINI & GATEWOOD 1220 North Walker P.O. Box 60140 Oklahoma City, OK 73103 (405) 235-9922 (405) 235-6611 (Fax) Attorneys for Plaintiff June 10, 2005

s/ James M. Kinsella JAMES M. KINSELLA Deputy Director

s/ Roger A. Hipp ROGER A. HIPP Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 307-0972 Attorneys for Defendant

Case 1:04-cv-01390-FMA

Document 17

Filed 06/10/2005

Page 3 of 3

Certificate of Filing I hereby certify that on June 10, 2005, 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. may access this filing through the Court's system. Parties

s/ Roger A. Hipp

3