Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:03-cv-00177-LMB

Document 65-2

Filed 03/12/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS RILEY & EPHRIAM CONSTRUCTION CO., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-177 (Judge Baskir)

JOINT STATUS REPORT The parties respectfully submit this joint status report, informing the Court of the parties' progress in this case. Since the parties' last joint status report, counsel for the parties have scheduled three depositions to take place during the week of March 12-16, 2007 in Atlanta, Georgia. The parties anticipate that after these depositions have been taken, they will be in a better position to evaluate the next steps for this case, including the possibility of settlement or alternate dispute resolution. Accordingly, the parties propose that they file a joint status report thirty days from the date of this joint status report, informing the Court of their progress and intended further action for prosecuting this litigation. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:03-cv-00177-LMB

Document 65-2

Filed 03/12/2007

Page 2 of 3

JEANNE E. DAVIDSON Director S/Harold D. Lester, Jr. HAROLD D. LESTER, Jr. Assistant Director S/Steven L. Smith STEVEN L. SMITH Smith, Cooksey & Vickstrom PLLC One Executive Park 6060 J.A. Jones Drive, Suite 208 Charlotte, NC 28287 Tele: (704) 557-9929 Fax: (704) 557-9932 Attorney for Plaintiff S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th fl. Washington, D.C. 20530 Tel. (202) 616-2228 Fax (202) 305-7643 Attorneys for Defendant

Dated: March 12, 2007

Case 1:03-cv-00177-LMB

Document 65-2

Filed 03/12/2007

Page 3 of 3

CERTIFICATE OF ELECTRONIC FILING I hereby certify that on this 12th day of March 2007 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. The parties may access this filing through the Court's system.

s/Tara K. Hogan