Free Order - District Court of Federal Claims - federal

Case 1:07-cv-00279-LMB

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Filed 12/04/2007

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In the United States Court of Federal Claims
Case No. 07-279C (Filed: December 4, 2007) ***************************************************** THEODORE FATHAUER, et al., * Plaintiffs, * * v. * * THE UNITED STATES OF AMERICA, * Defendant. * * ***************************************************** ORDER The Court held a telephonic preliminary status conference in this case on Tuesday, December 4, 2007. The Defendant previously provided notice that it intended to file a dispositive motion in lieu of filing an Answer. However, during the status conference it became clear that the Defendant intended to file a responsive pleading and/or cross-motion to Plaintiff's summary judgment motion. The Government neither challenges jurisdiction nor does it invoke RCFC 12 in this case. The Court asked the Government to reconsider whether an Answer might be appropriate under the circumstances. The Government indicated that it would do so, and that it will file either an Answer or provide an explanation of why an Answer is unnecessary by Friday, December 7, 2007. The parties will adhere to the following briefing schedule for the motions: · February 4, 2008 Plaintiffs' Summary Judgment Motion; Defendant's Opposition/Cross Motion for Summary Judgment;

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March 3, 2008

Case 1:07-cv-00279-LMB

Document 15

Filed 12/04/2007

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April 2, 2008

Plaintiffs' Opposition to Defendant's Cross Motion/Reply to Defendant's Opposition; Defendant's Reply to Plaintiffs' Opposition; Consolidated Statement of Uncontroverted Facts.

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April 16, 2008

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April 23, 2008

IT IS SO ORDERED.

s/ Lawrence M. Baskir LAWRENCE M. BASKIR Judge

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