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

Case 1:04-cv-00557-GWM

Document 58

Filed 06/18/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )

ELLIS C. BLAND, et al., Plaintiffs, v. THE UNITED STATES, et al. Defendant.

No. 04-557C (Judge George W. Miller)

JOINT STATUS REPORT Defendant, the United States, respectfully submits this joint status report, upon behalf of the parties, apprising the Court of the status of the ADR proceedings in the above-referenced matter and the following related proceedings: Busigo v. United States, Fed. Cl. No. 05-422; Case v. United States, Fed. Cl. No. 05-687C; Dupuis v. United States, Fed. Cl. No. 06-82C; Fleury v. United States, Fed. Cl. No. 06-156; Nokell v. United States, Fed. Cl. No. 06-335; and Smith v. United States, Fed. Cl. No. 06-592. Since the last status report was filed on May 18, 2007, the parties have tentatively agreed to all the terms to be included in the proposed settlement, subject to the Government's review and approval process, and subject to both parties' right to revise the draft settlement agreement until it is fully executed. Undersigned counsel of record for the Government also submitted the required settlement memoranda for review and approval. That memorandum has undergone initial level review and, as a result, counsel is in the process of making certain necessary changes, so that the memorandum can be resubmitted and passed on for higher level review. Settlement cannot be

Case 1:04-cv-00557-GWM

Document 58

Filed 06/18/2007

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accomplished, and is not effective, unless and until written approval from the appropriate Department of Justice official is received. Based upon the above circumstances, the parties respectfully request that the Count continue to stay of this action so that they can finalize the proposed settlement. However, if the proposed settlement agreement is not approved by the Government by the filing of the next status report or by July 18, 2007, plaintiffs will request the court schedule a status conference. Plaintiffs' counsel has read this status report, agrees with its contents, and consents to it being filed upon behalf of the parties. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

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Case 1:04-cv-00557-GWM

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s/Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director

s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7788 Facsimile: (202) 353-7988 email: [email protected] Attorneys for Defendant June 18, 2007

Case 1:04-cv-00557-GWM

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Filed 06/18/2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 18th day of June 2007, 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/Richard P. Schroeder

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