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

Case 1:07-cv-00326-RHH

Document 23

Filed 04/11/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HILLIAN BROS. & SONS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-326 (Judge Hodges)

JOINT STATUS REPORT On April 1, 2008, the Court issued an order directing the parties to submit portions of the contract in dispute and the contracting officer's ruling, if any. The order further indicated that the Court had concerns regarding the length of the discovery period proposed by the parties, given the parties' representation that dispositive motions may be submitted. The parties conferred on April 10, 2008 concerning their respective position and provide the following status report. Plaintiff Hillian Bros. & Sons, Inc. ("Hillian") believes that the issues in this case are factual, requiring discovery prior to the filing of any dispositive motions. The Government suggests that some issues may potentially be resolved through summary disposition, either with limited or no discovery, while others will require development of the facts through discovery. Accordingly, in the joint preliminary status report, the parties' request for a one-year period to conduct discovery, despite the potential submission of dispositive motions, was an attempt to align these two possible scenarios. Attached with this motion as Exhibit A, is a copy of the contracting officer's final decision of November 21, 2007, pursuant to the Court's remand order. Agency counsel is out of the office this week and will not return until the week of April 14, 2008. Upon his return, he will compile a copy of the entire contract, which we will file separately by leave of the Court.

Case 1:07-cv-00326-RHH

Document 23

Filed 04/11/2008

Page 2 of 3

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director s/Donald H. Spence DONALD H. SPENCE, JR., ESQ MICHAEL P. MARCHETTI, ESQ. Greenburg, Spence & Taylor, LLC 51 Monroe Place, Suite 707 Rockville, Maryland 20850-2406 Tele: (301) 610-0010 Fax:(301) 610-0021 (Fax) s/Armando A. Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-3390 Fax: (202) 514-8624 Attorneys for Defendant

Attorneys for Plaintiff April 11, 2008

Case 1:07-cv-00326-RHH

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Filed 04/11/2008

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CERTIFICATE OF FILING I hereby certify that on this 11th day of April, 2008, a copy of foregoing "JOINT STATUS REPORT" 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/ Armando Rodriguez-Feo