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

Case 1:03-cv-02673-EJD

Document 68

Filed 01/31/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ALLIED OIL & SUPPLY, INC., Plaintiff, v. THE UNITED STATES, Defendant, and WARREN DISTRIBUTION, INC., Third-Party Defendant ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 03-2673C (Judge Damich)

JOINT STATUS REPORT Pursuant to the Court's order dated January 5, 2007, the parties submit the following status report regarding efforts to resolve this matter through mediation. The parties have identified an individual who may serve as a mediator and identified potential dates for the mediation. Due to the number of individuals who would be attending, the need to prepare and exchange position statements, and the parties' schedules, the first date upon which the parties could agree for a possible mediation is April 11, 2007. Plaintiff, Allied Oil & Supply, Inc., and third-party defendant, Warren Distribution, Inc. have approved mediation along the proposed terms. Defendant, the United States, has not yet approved mediation along these terms. The undersigned counsel for the Government anticipates submitting an appropriate memorandum regarding the proposed mediation within the Department of Justice by February 2, 2007. Defendant will file a status report on or before February 9, 2007 indicating whether the proposed mediation process has been approved by the Government. In the event that mediation is

Case 1:03-cv-02673-EJD

Document 68

Filed 01/31/2007

Page 2 of 2

approved by defendant, the parties will likely seek an enlargement of time within which the parties may file the proposed expert discovery schedule. Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/Dennis J. Moynihan by Brian C. Buescher DENNIS J. MOYNIHAN KUTAK ROCK, LLP 1650 Farnam Street Omaha, NE 68102-2186 Attorney for Third-Party Defendant s/Brian D. Nolan by Susan L. Stryker BRIAN D. NOLAN NOLAN, OLSON, HANSEN & LAUGHTENBAUGH 1905 Harney St. Ste. 800 Omaha, NE 68102 Attorney for Plaintiff January 31, 2007 s/ Michael Dierberg MICHAEL DIERBERG Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 Attorneys for Defendant