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

Case 1:03-cv-00177-LMB

Document 62

Filed 11/15/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS RILEY & EPHRIAM CONSTRUCTION COMPANY, INC., Plaintiff, v. UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) )

No. 03-177C (Judge Baskir)

Defendant.

JOINT STATUS REPORT Pursuant to this Court's May 16, 2006 order, the parties respectfully submit this joint status report informing the Court of the parties' progress during the discovery period. During the discovery period, the parties have each served requests for production of documents and interrogatories. On October 6, the defendant served its responses to the plaintiff's August 6, 2006 discovery requests. On September 27, 2006, the defendant served its first set of discovery requests on the plaintiff. The parties anticipate that the plaintiff will serve its responses shortly. The parties are actively trying to schedule depositions of relevant witnesses in the month of December. Because the parties will not have completed discovery by December 1, 2006, the current deadline, the

Case 1:03-cv-00177-LMB

Document 62

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parties anticipate that they will move the Court for an extension of time to complete discovery. The parties believe that once depositions have been taken, the parties will be in a better position to determine how the case will be disposed of, i.e., summary judgment, trial or settlement.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/Harold D. Lester, Jr. HAROLD D. LESTER, Jr. Assistant Director S/Steven L. Smith STEVEN L. SMITH Smith, Cooksey & Vickstrom, PLLC 6060 J.A. Jones Drive Suite 208 Charlotte, N.C. 28287 Tele: (704) 557-9929 Fax: (704) 557-9932 S/Tara K. Hogan TARA K. HOGAN Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L Street, NW Attn: Classification Unit, 8th floor Washington, D.C. 20530 Tel: (202) 616-2228 Fax: (202) 514-8624 Attorneys for Defendant

Attorney for Plaintiff November 15, 2006 2

Case 1:03-cv-00177-LMB

Document 62

Filed 11/15/2006

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CERTIFICATE OF FILING I hereby certify that on November 15, 2006, 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/ Tara K. Hogan