Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00344-TCW

Document 15

Filed 06/02/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-344 T (Judge Thomas C. Wheeler) _____________________________________________ PFIZER INC., Plaintiff, v. THE UNITED STATES Defendant. ______________________________________________ JOINT STATUS REPORT ______________________________________________ Pursuant to the Court's order filed on December 26, 2007, the parties submit the following Joint Status Report. 1. Plaintiffs, through their counsel, submitted a settlement offer to defendant on March 13, 2007. 2. Plaintiff's settlement proposal has been referred to the Department of Justice's Office of Review for evaluation. 3. It is anticipated that the Office of Review will complete its analysis of plaintiff's proposal by September 30, 2008. 4. As part of its December 26, 2007, order, the Court instructed the parties to complete discovery by June 23, 2008. 5. The parties are not capable of conducting discovery until an evaluation of plaintiff's settlement proposal is completed by the Office of Review.

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Case 1:07-cv-00344-TCW

Document 15

Filed 06/02/2008

Page 2 of 3

Accordingly, the parties are filing a Joint Motion to Enlarge the Discovery Period with this Joint Status Report. 6. The parties believe that there is a substantial likelihood that they can settle the matter without the need for further proceedings. 7. The parties propose that they be allowed to continue their settlement negotiations and continue to file a Joint Status Report with the Court every 60 days to update the Court on the progress of the parties' settlement efforts. 8. If the Court does not object to the parties' proposed course of action, the parties respectfully request that the Court rescind that portion of its order dated December 26, 2007, which instructs the parties to file a Joint Status Report on or before July 22, 2008, and enter a scheduling order for the parties to file a Joint Status Report on August 1, 2008, and every 60 days thereafter until the parties advise the Court that they have reached a settlement, or the parties' proposed enlarged date for the close of discovery has expired.

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Case 1:07-cv-00344-TCW

Document 15

Filed 06/02/2008

Page 3 of 3

9.

In the event that a settlement is not achieved, the parties respectfully request that the Court enter a scheduling order for the parties to file a Joint Status Report on or before January 19, 2009, which is 30 days after the parties' proposed enlarged date for the close of discovery. Respectfully submitted,

June 2, 2008

s/ Lawrence D. Rosenberg LAWRENCE D. ROSENBERG Jones Day 51 Louisiana Avenue, NW Washington, DC 20001 Voice: (202) 879-7622 Fax: (202) 626-1700 Email: [email protected] Counsel for Plaintiff s/ Jeffrey R. Malo JEFFREY R. MALO Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 305-7539 Fax: (202) 514-9440 Email: [email protected] NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section W.C. Rapp Senior Trial Attorney, Court of Federal Claims Section

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June 2, 2008

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June 2, 2008

s/ W.C. Rapp Of Counsel Counsel for Defendant

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