Free Stipulation - District Court of Federal Claims - federal

Case 1:08-cv-00128-MBH

Document 16

Filed 07/30/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TIDEWATER CONTRACTORS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-128C (Judge Horn)

JOINT STATEMENT OF ISSUES OF LAW

Pursuant to this Court's July 14, 2008 order, the parties jointly and respectfully submit this joint statement of issues of law. The issues of law to be decided by the Court in the parties' forthcoming cross-motions for partial summary judgment is:

1.

Whether plaintiff Tidewater Contractors, Inc. is entitled to a winter suspension

between November 15, 2005 and April 24, 2006, in connection with its performance under contract no. DTFH68-04-C-00003.

2.

Whether plaintiff Tidewater Contractors, Inc. is entitled to the return of liquidated

damages assessed against it for time between November 15, 2005 and April 24, 2006.

3.

Whether plaintiff Tidewater Contractors, Inc. is entitled to the return of liquidated

damages assessed against it for time between May 26, 2006 and May 29, 2006.

Case 1:08-cv-00128-MBH

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Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/ Reginal T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director s/ Joseph A. Yazbeck, Jr. JOSEPH A. YAZBECK, JR. Yazbeck, Cloran & Hanson, LLC 1300 SW 5th Ave. Suite 2750 Portland, Oregon 97201 Tel. (503) 227-1428 Fax. (503) 227-4866 s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel. (202) 616-0170 Fax. (202) 305-7644 Attorneys for Defendant

Attorney for Plaintiff July 30, 2008

Case 1:08-cv-00128-MBH

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CERTIFICATE OF FILING I hereby certify that on July 30, 2008, a copy of the foregoing "JOINT STATEMENT OF ISSUES OF LAW" 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/ Devin A. Wolak