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

Case 1:01-cv-00495-EGB

Document 301

Filed 11/06/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) Plaintiffs ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ) ) ) ) ____________________________________ ) KENT CHRISTOFFERSON, et al.,

Case No. 01-495C Judge Eric G. Bruggink

JOINT STATUS REPORT Counsel for Plaintiffs hereby submits this Joint Status Report on behalf of the parties. Counsel for Defendant has read and concurs with this Joint Status Report. On November 2, 2007, counsel for the parties met and conferred following the issuance of the Court's written decision on Plaintiffs' Motion for Protective Order, dated October 25, 2007. The parties have agreed to enter a claw back agreement allowing Defendant to review all questionnaire responses without Plaintiffs waiving their right to assert any applicable privileges if Defendant seeks to use the information recorded therein in litigation. Defendant wishes to initially review all completed questionnaires to assess the magnitude of work and personnel necessary for further review. Plaintiffs' counsel agreed to allow defendant's counsel to review the questionnaires for two days in between November 14-16, 2007, 9:00 am to 5:00 pm in our

Case 1:01-cv-00495-EGB

Document 301

Filed 11/06/2007

Page 2 of 2

San Francisco office. For the initial review and to protect the integrity of the documents, Plaintiffs' and defense counsel have agreed to observe the following protocol: 1. 2. 3. 4. 5. 6. 7. Defense counsel will not remove any files from the designated review room; Defense counsel will not alter any files; A logging system will record all files being reviewed; Defense counsel may request copies of no more than 40 files of which Plaintiff will copy; A logging system will record all the files being copied; Plaintiffs' counsel will be present during the inspection; and In the event that defense counsel wishes to engage in protected communication, Plaintiffs' counsel will leave the room temporarily.

The parties intend to meet and confer again after this initial review to determine further review processing and protocols consistent with the Court's order. Per the Court's November 5, 2007 order, the parties will submit a further joint status report on November 30, 2007. Respectfully submitted,

November 6, 2007

s/ JACK W. LEE MINAMI TAMAKI LLP 360 Post Street, 8th Floor San Francisco, CA 94108 Phone: 415 788-9000 Fax: 415 398-3887 Attorney for Plaintiffs