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

Case 1:04-cv-00557-GWM

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Filed 02/15/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ELLIS C. BLAND, et al., Plaintiffs, v. THE UNITED STATES, 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 abovereferenced 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. 0682C; 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. On January 24, 2006, the parties participated in an ADR session before Judge Hewitt. As a result of that session, they

have tentatively agreed to settlement terms that can be recommended to plaintiffs, and to the authorized representatives of the Attorney General and the United States Postal Service. Plaintiffs' counsel currently is working to obtain the approval of plaintiffs. Assuming such approval is obtained, the

next step would be to the obtain formal approval of the

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appropriate Department of Justice and Postal Service officials. The parties will attempt to obtain all approvals upon an expedited basis. Based upon the above circumstances, the parties respectfully request that the Court continue the stay of this action so that they can finalize the proposed settlement. Plaintiffs' counsel

has read this status report, agrees with its contents, and consents to it being filed upon behalf of the parties.

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director 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) 305-7562 Facsimile: (202) 305-3291 email: [email protected] Attorneys for Defendant February 15, 2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this day of February 15, 2007, 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