Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00768-EGB

Document 12

Filed 08/07/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ORISKA INSURANCE COMPANY Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

Case No. 07-768C (Judge Bruggink)

JOINT STATUS REPORT Pursuant to this Court's July 10, 2008 Order, the parties respectfully submit the following status report. On July 9, 2008, the defendant submitted a status report in this matter, requesting that the Court continue the stay of the proceedings in this matter for the purpose of pursuing settlement negotiations. The parties have engaged in some settlement negotiations in this matter, and continue to do so, including a telephonic settlement conference on June 6, 2008, and other telephonic discussions regarding settlement. Moreover, plaintiff has recently provided defendant with additional documents that will facilitate the settlement process. The parties believe that additional discussion regarding settlement would be beneficial, and may lead to a resolution of this matter without resort to judicial action. Accordingly, the parties request that the stay be continued for an additional 45 days to facilitate further settlement discussions. To the extent this matter is not resolved by September 22, 2008, the parties shall submit a status report concerning the progress of settlement negotiations, and, if appropriate, proposing that the stay be continued to facilitate further settlement discussions, or, proposing a schedule for further proceedings, to include a date for defendant to submit its answer to the complaint.

Case 1:07-cv-00768-EGB

Document 12

Filed 08/07/2008

Page 2 of 3

Respectfully submitted,

GREGORY G. KATSAS Assistant Attorney General

JEANNE E. DAVIDSON Director

/s/ James Kernan___________ JAMES KERNAN Kernan Professional Group, LLP 1310 Utica Street PO Box 750 Oriskany, NY 13424 Attorney for Plaintiff

/s/ Martin F. Hockey, Jr.___________ MARTIN F. HOCKEY, JR. Assistant Director

/s/ Carrie A. Dunsmore CARRIE A. DUNSMORE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 305-7576 Fax: (202) 514-8624 Attorneys for Defendant

August 7, 2008

-2-

Case 1:07-cv-00768-EGB

Document 12

Filed 08/07/2008

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that, on this 7th day of August 2008, I caused to be filed electronically the foregoing JOINT STATUS REPORT with the United States Court of Federal Claims. 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/Carrie A. Dunsmore____ CARRIE DUNSMORE