Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00225-EGB

Document 71

Filed 10/16/2003

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS LAMB ENGINEERING & CONSTRUCTION COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 01-225C (Senior Judge Bruggink)

DEFENDANT'S STATUS REPORT, AND DEFENDANT'S REQUEST TO STAY PROCEEDINGS Pursuant to the Court's opinion dated September 24, 2003, defendant respectfully submits this status report. Specifically,

defendant submits this status report in response to the Court's order that defendant notify the Court whether it desires to proceed to trial upon the issue of treble damages, or whether it desires to accept the Court's award of $20,000 for False Claims Act, 31 U.S.C. § 3729 ("FCA") civil penalties. We do not intend to seek further review of the Court's award of $20,000 for FCA civil penalties. Regarding the issue of

treble damages, defendant requests that the Court stay further proceedings in this case while the parties attempt to settle a related case before the Energy Board of Contract Appeals ("board"), involving plaintiff's appeal of the contracting officer's decision demanding excess reprocurement costs in the amount of $1,698,414.91. Defendant's demand for excess

reprocurement costs includes the $77,575.08 that the Court held defendant paid to Lamb's subcontractors in this case. We

Case 1:01-cv-00225-EGB

Document 71

Filed 10/16/2003

Page 2 of 4

anticipate that the parties' settlement discussions in the board case will encompass defendant's claim for treble damages in this case. Therefore, we respectfully request that the Court stay further proceedings in this case. We request that we be allowed

to file a status report regarding the status of settlement discussions on or before November 30, 2003. Respectfully submitted, PETER D. KEISER Assistant Attorney General DAVID M. COHEN Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director s/ Lauren S. Moore OF COUNSEL: JOHN KRAL, ESQ. Attorney Department of Energy LAUREN S. MOORE Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 307-6288 Fax: (202) 514-8640 Attorneys for Defendant OCTOBER 15, 2003

2

Case 1:01-cv-00225-EGB

Document 71

Filed 10/16/2003

Page 3 of 4

CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 16th day of OCTOBER, 2003, I caused to be placed in the United States mail (first-class mail, postage pre-paid), copies of "DEFENDANT'S STATUS REPORT, AND DEFENDANT'S REQUEST TO STAY PROCEEDINGS" addressed as follows: Robert G. Watt, Esq. Keith Phillips, Esq. Watt, Tieder, Hoffar & Fitzgerald, LLP 7929 Westpark Drive Suite 400 McLean, VA 22102

Case 1:01-cv-00225-EGB

Document 71

Filed 10/16/2003

Page 4 of 4