Free Status Report - District Court of Federal Claims - federal

Case 1:08-cv-00119-CCM

Document 10

Filed 04/30/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) CA, INC.,

No. 08-119C (Judge Christine O.C. Miller)

STATUS REPORT Plaintiff, CA, Inc. ("CA") files this status report to inform the Court of developments in its civil case pending in the United States District Court for the Eastern District of Virginia against the Navy's prime contractor, CA, Inc. v. STG, Inc., E.D.Va. 1:08-cv-193. On April 25, 2008, over Plaintiff's objection, the District Court stayed proceedings in the Eastern District of Virginia matter and directed Plaintiff CA to inform this Court of the stay. See Ex. 1, Apr. 25, 2008 Order. At the hearing on April 25, 2008, the District Court informed the parties and the United States that it considered the issue of whether CA had privity with the United States to be common to both cases and more appropriately decided by this Court in the first instance. The District Court also noted that should this Court have a different view as to which case should proceed first, it would consider those grounds. Plaintiff does not believe that privity of contract with the United States is a necessary element of its claims before this Court, or of its claim against the prime contractor, STG, in the Eastern District of Virginia, and Plaintiff continues to believe that the case against the prime contractor should proceed first.

Case 1:08-cv-00119-CCM

Document 10

Filed 04/30/2008

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In light of the Order entered in the Eastern District of Virginia matter, Plaintiff has contacted counsel for the United States to arrange to meet next week and discuss how most appropriately to proceed. The Parties will thereafter promptly notify this Court on any agreements reached and any suggestions for how to proceed in this matter.

Respectfully submitted,

s/Alan W. H. Gourley Alan W. H. Gourley CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, D.C. 20004 Phone: (202) 624-2500 Fax: (202) 628-5116 Counsel for Plaintiff CA, Inc.

Of Counsel: Puja Satiani CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, D.C. 20004 Phone: (202) 624-2500 Fax: (202) 628-5116

DATED: April 30, 2008

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Case 1:08-cv-00119-CCM

Document 10

Filed 04/30/2008

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CERTIFICATE OF FILING I hereby certify that on this 30th day of April, 2008, a copy of the foregoing Status Report was electronically filed. 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/Alan W. H. Gourley Alan W. H. Gourley CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, D.C. 20004 Phone: (202) 624-2500 Fax: (202) 628-5116 Counsel for Plaintiff CA, Inc.

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