Free Status Report - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ___________________________________ ) AMERICAN RENOVATION AND ) CONSTRUCTION COMPANY, ) ) Case No. 03-1798C Plaintiff, ) (Chief Judge Damich) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ___________________________________) JOINT STATUS REPORT COMES NOW the Plaintiff, American Renovation & Construction Company ("ARC" or "Plaintiff") and the Defendant, the United States, by counsel, and pursuant to the Court's Orders dated November 19 and 22, 2004, submit this Joint Status Report, stating as follows: 1. 2. 3. Plaintiff, ARC, filed the Complaint in this case on July 28, 2003. Defendant filed its Answer on November 25, 2003. As represented in prior Joint Status Reports ("JSR"), the parties have

been attempting to negotiate an amicable resolution of all their disputes relating to the construction project at issue in this case. In particular, as noted in the parties' last JSR filed on November 12, 2004, the parties, represented by counsel, consultants, Project personnel and their respective decision makers, held an all-day settlement meeting on November 9, 2004. 4. Subsequent to the November 9, 2004 settlement meeting, the parties

have achieved the following:

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a.

Defendant has conducted a review of Plaintiff's November 3, 2004

supplement to its June 26, 2002 request for equitable adjustment ("REA"). During the course of this review, Plaintiff provided additional information and documentation requested by Defendant. Defendant has completed its review of the supplemental REA. b. Plaintiff has submitted to Defendant its computation of termination-

for-convenience damages relating to the present lawsuit appealing its default termination. 5. On November 19, 2004, Classical Financial Services, LLC ("Classical"),

moved to intervene as an additional plaintiff. Both ARC and the Government submitted oppositions to Classical's motion on December 6, 2004. Classical filed a reply on

January 7, 2005. The motion remains pending before the Court. 6. The parties are scheduled to continue their settlement meeting on

February 22, 2005. Meanwhile, the parties, by counsel, continue to communicate with each other with regard to their ongoing settlement efforts. The parties remain

committed to attempting a negotiated global settlement of disputes relating to the underlying construction Project. 7. The parties are scheduled to appear telephonically for a status conference Given the current status of the settlement negotiations, the

on February 4, 2005.

parties respectfully request the Court to reschedule the status conference until after the parties' February 22, 2005 settlement meeting.

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Respectfully submitted, s/Harish C. Mirchandani HARISH C. MIRCHANDANI Watt, Tieder, Hoffar & Fitzgerald, L.L.P 8405 Greensboro Drive, Suite 100 McLean, VA 22102 Tel. (703) 749-1000 Fax. (703) 893-8039 Attorney for Plaintiff DATED: January 28, 2005 Of Counsel: ROBERT G. WATT Watt, Tieder, Hoffar & Fitzgerald, L.L.P 8405 Greensboro Drive, Suite 100 McLean, VA 22102 Tel. (703) 749-1000 Fax. (703) 893-8039 PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Robert E. Kirschman, Jr. ROBERT E. KIRSCHMAN, JR. Assistant Director s/Michael N. O'Connell MICHAEL N. O'CONNELL Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 305-3634 Fax. (202) 514-8624 Attorneys for Defendant DATED: January 28, 2005

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CERTIFICATE OF FILING I hereby certify that on January 28, 2005, a copy of the foregoing Joint Status Report was filed electronically. I understand that a copy of the Joint Status Report 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/ Michael N. O'Connell

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