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

Case 1:03-cv-01242-CFL

Document 97

Filed 04/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED PARTITION SYSTEMS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-1242C (Judge Lettow)

JOINT STATUS REPORT Pursuant to the Court's order of March 12, 2008, the parties file this joint status report. The parties continue to work towards reaching a potential resolution of the matter. Plaintiff and Defendant agreed that Plaintiff could visit Luke AFB and inventory the disassembled building that is the subject of the contract between the parties to determine whether any parts of that building were used by the Air Force in constructing a replacement building. This visit occurred at the end of March 2008 and Plaintiff, who is located in Ontario, California, contacted Plaintiff's counsel on April 15 to inform Plaintiff's counsel that Plaintiff will provide a report that will identify what Plaintiff contends are the parts used by Defendant in constructing the replacement building including documentation to support the use of those parts by the successor contractor, photos and pricing of those parts as of the date of the original contract performance in 2001. Plaintiff's counsel will provide the report to Defendant's counsel on or about April 25, 2008. Defendant will review the report and Plaintiff's claim that it is entitled to be paid for parts used at their then contract price. Plaintiff acknowledges that Defendant has a counterclaim and the parties will attempt to reach a resolution. The parties request that they be allowed to file a more detailed joint status report on June 18, 2008.

Case 1:03-cv-01242-CFL

Document 97

Filed 04/18/2008

Page 2 of 3

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Laurence Schor Laurence Schor McManus, Schor, Asmar, & Darden LLP 1155 Fifteenth Street, NW, Suite 900 Washington, DC 20005 Tel: (202)296-9260 Fax: (202)659-3732 Attorney for Plaintiff

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

s/ Robert C. Bigler ROBERT C. BIGLER 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) 307-0315 Fax: (202) 514-8624 Attorneys for Defendant

April 18, 2008

Case 1:03-cv-01242-CFL

Document 97

Filed 04/18/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 18th day of April 2008, 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/ Robert C. Bigler