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

Case 1:00-cv-00644-NBF

Document 103

Filed 05/11/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS WILLIAM A. CLARK, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 00-644C (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to the Court's April 21, 2005 Order, the parties hereby submit this joint status report setting forth a briefing schedule for the defendant's motion for summary judgment, which was filed with the Court on April 30, 2004. Furthermore, pursuant to the Court's Orders of March 16, 2005 and March 24, 2005, the parties notify the Court that defendant produced the last set of electronic records relating to the Doe plaintiffs on Monday, May 09, 2005. Plaintiffs are currently reviewing these documents. While this review is continuing, the parties propose that the plaintiffs file their opposition to the motion for summary judgment by June 10, 2005. The parties propose that the defendant file its reply to plaintiffs' opposition by July 11, 2005. The parties respectfully request that the Court adopt the parties proposed briefing schedule. The parties anticipate that these filings will contain "Protected Information" as that term is defined in the Protective Order entered in this case on April 8, 2005. Pursuant to Paragraph 7 of General Order 42A and consistent with the Protective Order, the parties also respectfully request the Court authorize the electronic filing of sealed documents under the Court's CM/ECF procedures. For the Court's convenience, the parties attach a proposed order.

Case 1:00-cv-00644-NBF

Document 103

Filed 05/11/2005

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Respectfully submitted,

s/Helen K. Michael HELEN K. MICHAEL ROBERT SHULMAN HOWREY SIMON ARNOLD & WHITE, L.L.P. 1299 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 783-0800

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ James M. Kinsella JAMES M. KINSELLA Deputy Director

RICHARD T. DORMAN CUNNINGHAM, BOUNDS, YANCE, CROWDER & BROWN, LLC 1601 Dauphin Street Mobile, AL 36604 (251) 471-6191

s/Douglas K. Mickle DOUGLAS K. MICKLE Trial Attorney U.S. Department of Justice Civil Division Commercial Litigation Branch 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tele: (202) 307-0383 Fax: (202) 353-7988

CHARLES J. COOPER COOPER & KIRK, P.L.L.C. 1500 K Street, N.W., Ste. 200 Washington, DC 2005 (202) 220-9600 Attorneys for Plaintiffs

OF COUNSEL: LT. COL VANESSA BERRY MAJOR CHRIS SOUCIE United States Army Litigation Division LT. COL. JOSEPH WENDLBERGER United States Air Force General Litigation Division CAPTAIN CHRIS BROWN National Guard Bureau Office of Chief Counsel Attorneys for Defendant

May 11, 2005

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Case 1:00-cv-00644-NBF

Document 103

Filed 05/11/2005

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CERTIFICATE OF SERVICE

I hereby certify under penalty of perjury that on May 11, 2005, a copy of the foregoing "JOINT STATUS REPORT" with its attached proposed order 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/Douglas K. Mickle Douglas K. Mickle