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

Case 1:07-cv-00299-MCW

Document 12

Filed 03/03/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PAUL G. JASTER, et al. Plaintiffs,
V.

UNITED STATES OF AMERICA, Defendant.

) ) ) ) ) ) ) ) ) ) )

Case No. 07-299C (Judge Mary Ellen Coster Williams)

JOINT STATUS REPORT Pursuant to the Order issued by the Court on November 30, 2007, plaintiffs and defendant

respectfully submit the following joint status report: 1. Since the filing of the parties' last joint status report, plaintiffs' proposal to settle this

case except as to claims based upon time spent driving between home and work in a Government vehicle was approved by the authorized representative of the Attorney General. Counsel for the parties have been discussing the appropriate terms to include in the settlement agreement (which would apply to this case and 12 other cases involving similar claims), as well as the terms upon which stipulations of dismissal should be filed. These discussions principally concern the manner in which payments under the settlement should be calculated in certain situations that rnay be relevant to a limited number of plaintiffs in these cases. 2. Appellants' petition for writ of certiorari filed in Stephen S. Adams. et al. v. United

States, No. 70-116 (July 27, 2007), seeking review of the Federal Circuit's March 14, 2007 ruling against the plaintiffs concerning the home-to-work driving issue involved, was denied on January 7, 2008, and appellants are considering what action to take at this time. Defendant believes that the driving claims should be dismissed based upon the Federal Circuit's decision in Adams.

Case 1:07-cv-00299-MCW

Document 12

Filed 03/03/2008

Page 2 of 3

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202) 296-7220 SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Washington, D.C. 20036 Tel: (202) 616-8275 Fax: (202) 305-7643 OF COUNSEL: Michael J. Dierberg William Rayel Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Attorneys for Defendant D~ed: Narch 3 .,2008

JEANNE E. DAVIDSON Director

James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiffs Dated: l~Iarch 3 ,2008

Case 1:07-cv-00299-MCW

Document 12

Filed 03/03/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 3rd day of March 2008, a copy of the 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/Shalom Brilliant