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

Case 1:98-cv-00726-EJD

Document 174

Filed 08/19/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________________________________________________

GRASS VALLEY TERRACE, a California Limited Partnership, et al.,
Plaintiffs, v. THE UNITED STATES Defendant. ______________________________________________________________________________ JOINT STATUS REPORT Pursuant to the parties' prior Joint Status Report dated July 29, 2005, the parties respectfully submit the following Joint Status Report concerning their progress with respect to the potential for settlement in this case. The parties continue to make good progress in their efforts. As stated in their prior Joint Status Report, the parties decided to leave their remaining disagreements regarding the proper methodology for calculating damages aside, at least for the time being, and begin running specific damages analyses for certain properties based upon the respective sets of assumptions that each party currently believes is acceptable. After further discussions, the parties began this process and have enlisted the assistance of their experts in calculating proposed damages amounts. Defendant recently submitted to plaintiffs its first batch of damages analyses, consisting of seven properties, and plaintiffs are near to submitting their first batch of analyses to defendant. In addition, the parties are pleased to report that they were able to narrow the number of disputed issues as to the proper assumptions to be made for each damages parameter at issue, File No. 98-726C and consolidated cases (Chief Judge Edward J. Damich)

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Case 1:98-cv-00726-EJD

Document 174

Filed 08/19/2005

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and thus have been conducting their damage calculations based on a smaller number of diverging assumptions than previously anticipated.1 As envisioned by the parties in their prior Joint Status Report, it appears that this process will prove helpful in enabling the parties to evaluate the impact of their positions in a more concrete manner. As also anticipated, however, it appears that the process the parties have embarked upon will be time-consuming, given the large number of properties at issue in this case. Further, it appears that there may be other issues that the parties will need to address and resolve as they work through this process. Nonetheless, the parties continue to be pleased with the progress of their efforts and wish to continue with the process of calculating proposed damages amounts for the properties at issue. Based upon the foregoing progress and the further progress that the parties anticipate, the parties jointly propose that the suspension of deadlines set forth in the Court's May 5, 2005 Order remain in effect as the parties continue their negotiations, and that the parties file another joint status report concerning their progress in this matter on or before September 14, 2005. At that time, the parties also will address whether they believe that the current deadline of October 1, 2005 for the parties to complete additional discovery should be extended so that the parties can continue to work to resolve their differences as to the proper calculation of damages for each of the properties in this case.

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The parties have agreed that neither party will be bound by the figures calculated through this process, either for settlement purposes or at trial should the parties' efforts to resolve this matter fail. 2

Case 1:98-cv-00726-EJD

Document 174

Filed 08/19/2005

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ David M. Cohen DAVID M. COHEN Director s/ Jeff H. Eckland JEFF H. ECKLAND Eckland & Blando LLP 700 Lumber Exchange 10 South Fifth Street Minneapolis, MN 55402 Tele: (612) 305-4444 Fax: (612) 305-4439 Attorney for Plaintiff s/ Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit Room 8012 Washington, D.C. 20530 Tele: (202) 305-7561 Fax: (202) 305-7643 Attorneys for Defendant

Filed Electronically with the Consent of the Attorney for Defendant August 19, 2005

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