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

Case 1:07-cv-00232-EJD

Document 12

Filed 02/22/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )

CHRISTOPHER J. GRUSH, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

Case No. 07-232C (Judge Edward J. Damich)

JOINT STATUS REPORT Pursuant to the Order filed January 31, 2008, the parties respectfully submit the following Joint Status Report: 1. 2. None of the claims of plaintiff Christopher J. Grush have been settled; The parties anticipate that all of the claims of the plaintiff will be the subject of

settlement negotiations other than his claims for driving to and from work in a Government vehicle; 3. The parties do not anticipate that the plaintiff's back pay claims for driving to and

from work in a Government vehicle will be the subject of settlement negotiations; and 4. The parties propose to continue to negotiate a settlement on their own accord for the

non-driving claims of plaintiff. They anticipate resolving the plaintiff's claims for back pay for driving to and from work in a Government vehicle through dispositive motions. Plaintiff believes that additional discovery may be necessary regarding plaintiff's back pay claims for driving to and from work in a Government vehicle. Defendant believes that discovery concerning plaintiff's claim for driving time is unwarranted and an undue burden, that this claim is controlled by Adams v. United States, 471 F.3d 1321 (Fed. Cir. 2006), cert. denied, 128 S.Ct. 866 (2008), and that, under this controlling precedent, plaintiff's driving claim should be dismissed as a matter of law.

Case 1:07-cv-00232-EJD

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Filed 02/22/2008

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Respectfully submitted, JULES BERNSTEIN 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 JEFFREY S. BUCHOLTZ Acting Assistant Attorney General tJEANNE E. DAVIDSON Director 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 Dated: February 22, 2008

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: February 22, 2008

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Case 1:07-cv-00232-EJD

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Filed 02/22/2008

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 22nd day of February 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