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

Case 1:07-cv-00361-LJB

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Filed 07/14/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ANITA CHALMERS, Plaintiff,
V.

THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) ) ) )

Case No. 07-361C (Judge Lyim J. Bush)

JOINT STATUS REPORT Pursuant to the Order issued by the Court on March 31, 2008, plaintiff and defendant respectfully submit the following joint status report: 1. Since the issuance of the Court's March 31, 2008 Order, defendant has filed

dispositive motions concerning home-to-work driving claims that remain to be adjudicated in Adams v, United States, No. 90-162C. Some of the plaintiffs asserting these claims in Adams are or were, like the plaintiff in this case, diversion investigators employed by the Drug Enforcement Administration ("DEA"). Defendant has also filed dispositive motions concerning home-to-work driving claims of DEA diversion investigators in the following cases: Grush v. United States, No. 07-232C; Breiner v. United States, No. 07-249C; Carrion v. United States, No. 07-626C; Crusan v. United States, No. 07-434C; Federico v. United States, No. 08-44C; Stocum v. United States, No. 07-03C; Hamilton v. United States, No. 06-680C; Morgan v. United States, No. 07-205C; Forbes v. United States, No. 06-510C; Boston v. United States, No. 01-518C; Jaster v. United States, No. 07-299C; Brown v. United States, No. 07-326C; Barnes v. United States, No. 07-682C; George v. United States, No. 06-776C; and Redd v. United States, No. 07-718C. Discovery has also been

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conducted in some of the diversion investigator cases. Defendant anticipates filing a dispositive motion concerning the home-to-work driving claims in this case on or before July 25, 2008. 2. Since the issuance of the Court's March 31, 2008 Order, the parties have discussed

the manner in which payments should be calculated based upon a previously negotiated settlement which would apply to this case and 12 other cases involving similar claims. These discussions principally concern certain situations that may be relevant to a limited number of plaintiffs in these cases. Pursuant to these discussions, the parties agreed that plaintiffs in these cases would submit to defendant a statement of Fair Labor Standards Act ("FLSA") hours they claim to have worked during the times in question (other than home-to-work driving time), and defendant would compute the amount of back pay that would be appropriate based upon these submissions. The parties would then discuss whether the amount computed by defendant would be adequate to resolve plaintiffs' claims, other than claims for home-to-work driving time, which would not be covered by the settlement. On March 27, 2008, plaintiffs' counsel forwarded to defendant statements of FLSA hours for the plaintiff in this case and 55 other plaintiffs in various other cases. By May 30, 2008, defendant completed and forwarded to plaintiff's counsel computations for 59 plaintiffs, including the one plaintiff in this case. Plaintiff's counsel are reviewing the computations.

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Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202 JAMES James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiff Dated: July 14, 2008

TODD M. HUGHES Deputy Director

SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 616-8275 Fax: (202) 305-7643 Attorneys for Defendant Dated: July 14, 2008

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CERTIFICATE OF SERVICE
I hereby certify that on the 14th day of July, 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/Shalom Brilliant