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

Case 1:07-cv-00267-FMA

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Filed 01/04/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SIMON ROOFING AND SHEET METAL CORP., Plaintiff, ) ) ) ) ) ) ) ) ) )

No. 07-267-C No. 07-409-C Judge Allegra

THE UNITED STATES, Defendant.

JOINT STATUS REPORT Simon Roofing and Sheet Metal Corp. ("Simon Roofing" or "Plaintiff") and the United States ("Defendant") respectfully submit this joint status report in the above-captioned action, as required by the Court's order dated December 3, 2007. Since the Court's December 3, 2007 order, the parties have continued to engage in goodfaith settlement negotiations regarding the two complaints at issue in this consolidated action. On December 5, 2007, the parties discussed settlement proposals and agreed to exchange information in an effort to resolve both matters. On December 14, 2007, counsel for the plaintiff sent a letter to counsel for the defendant detailing two outstanding issues for the parties to resolve. The parties made attempts to reach one another throughout the recent holiday season to discuss the issues raised in the December 14 letter. On December 31, 2007, the parties were able finally to discuss the December 14 letter. Although the parties were not able to resolve the matter during this recent telephone conference, the parties remain optimistic that a resolution of the consolidated matter may be reached without the parties engaging in the significant discovery and litigation that this matter would involve.

Case 1:07-cv-00267-FMA

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Filed 01/04/2008

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The parties believe that additional time will permit them to further narrow the areas in an effort to reach settlement. Pursuant to the Court's December 3, 2007 order, the parties will submit a further status report by no later than February 1, 2008.

Respectfully submitted, Anna K. Raske ANNA K. RASKE JEFFREY D. ZIMON (OH#0059565) TASIA E. MCINTYRE (OH# 0081259) BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP 2300 BP Tower, 200 Public Square Cleveland, Ohio 44114-2378 Phone: (216) 363-4500 Fax: (216) 363-4588 E-mail: [email protected] [email protected] [email protected] JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director David M. Hibey DAVID M. HIBEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 307-0163 Fax: (202) 514-8624 Counsel for Defendant Date: January 4, 2008

Counsel for Plaintiff

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Case 1:07-cv-00267-FMA

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Filed 01/04/2008

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this, 4th day of January, 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/ David M. Hibey

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