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

Case 1:07-cv-00816-CCM

Document 11

Filed 09/02/2008

Page 1 of 3

UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiff, ) v. ) ) THE UNITED STATES, ) ) Defendant. ) _______________________________) ) ELIZABETH STONE TRUST, ) et al., ) ) Plaintiffs, ) v. ) ) THE UNITED STATES, ) ) Defendant. ) _______________________________)

GEORGE FAMILY TRUST,

No. 07-816 L

No. 07-822 L

Hon. Christine O.C. Miller

(Electronically Filed September 2, 2008)

JOINT STATUS REPORT

Pursuant to the Court's Order of June 24, 2008, the parties hereby report on the status of fact discovery in this matter as follows: The parties have completed the initial round of fact discovery which was the depositions of the landowner plaintiff representatives by Defendant. There is no fact discovery which Plaintiffs which to undertake, nor any additional fact witnesses which Defendant wishes to depose, at this time. Since the depositions, the parties have discussed on several occasions what would be the logical next step in the progression of this litigation. Counsel for Defendant has 1

Case 1:07-cv-00816-CCM

Document 11

Filed 09/02/2008

Page 2 of 3

advised counsel for Plaintiffs that she anticipates bringing a motion to dismiss on the grounds that this litigation is barred by the Statute of Limitations, 28 U.S.C. § 2501. In response, counsel for Plaintiffs believes that the assistance of an expert in hydrology will be necessary in order for counsel for Plaintiffs to meaningfully analyze the case and to respond to the anticipated motion to dismiss. Counsel for Plaintiffs has located an expert which Plaintiffs are in the process of placing under contract for purposes of generating a preliminary report concerning the hydrology of this case. Accordingly, the parties propose that Plaintiffs be allowed sufficient time for this expert to complete a preliminary report, and would respectfully propose that they report back to the Court on November 19, 2008, concerning the status of the case. Counsel for Plaintiffs believes this will be sufficient time for the expert to complete a preliminary report. Inasmuch as Counsel for Defendant will be in trial on another matter the end of October, followed by a short period of leave in the beginning of November, the parties believe their proposed deadline is appropriate. Counsel for Plaintiffs has conferred with counsel for Defendant, who has agreed that Defendant may submit this document on behalf of both parties. Dated: September 2, 2008. Respectfully submitted, s/ William R. Mayo by s/ Susan V. Cook P. O. Box 1385, 1 W. Mountain Street Fayetteville, AR 72702-1385 Tel 479-444-9323 Fax 479-4444-9326 Email: [email protected] Alt Email: [email protected] Attorney for Plaintiffs 2

Case 1:07-cv-00816-CCM

Document 11

Filed 09/02/2008

Page 3 of 3

RONALD J. TENPAS Assistant Attorney General s/ Susan V. Cook SUSAN V. COOK, Senior Attorney Natural Resources Section Environment & Natural Resources Division Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0470 (202) 305-0506 fax Email: [email protected] Attorney for Defendant 494439.1

3