Free ADR - Notice to Proceed - District Court of Federal Claims - federal

Case 1:07-cv-00279-LMB

Document 13

Filed 11/02/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THEODORE FATHAUER et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-279C (Judge Baskir)

JOINT NOTICE TO PROCEED Pursuant to paragraph 5 of the Court's May 22, 2007 Special Procedures Order (the "SPO"), and Rule 4 of the ADR Pilot Program Procedures Order, the parties jointly submit this notice to proceed as provided for by the rules of this Court. The Early Neutral Evaluation conference was held before Judge Hodges on October 23, 2007. Although Judge Hodges helped each party gain a better understanding of its opponent's position, the parties are not able to effect an amicable resolution to this case at this time, and we request that the case proceed to the filing of the motions upon the administrative record that the parties identified in their September 20, 2007 Joint Preliminary Status Report. Counsel for both parties are available to participate in the telephonic Preliminary Status Conference any day of the week beginning December 3, 2007, during regular business hours.

Case 1:07-cv-00279-LMB

Document 13

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director /s/ Richard J. Hirn RICHARD J. HIRN 5335 Wisconsin Ave NW Suite 440 Washington, DC 20015 Tel. (202) 274-1812 Fax. (202) 274-1813 [email protected] /s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 Attorneys for Defendant

Attorney for Plaintiffs November 2, 2007

Case 1:07-cv-00279-LMB

Document 13

Filed 11/02/2007

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CERTIFICATE OF FILING I hereby certify that on November 2, 2007, a copy of the foregoing "JOINT NOTICE TO PROCEED" 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/ Devin A. Wolak DEVIN A. WOLAK