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

Case 1:02-cv-01228-TCW

Document 77

Filed 11/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GULF INSURANCE CO. and THE MOUNTBATTEN SURETY CO., Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 02-1228C (Judge Wheeler)

SEVENTH JOINT STATUS REPORT On November 2, 2007, the Court ordered the parties to report , no later than December 1, 2007, on their intended course of action following the court of appeals decision in National American Insurance Company v. United States, Fed. Cir. No. 2007-5016 ("NAICO"). The period for seeking rehearing before the court of appeals in NAICO has expired; as has the period in which to seek a writ of certiorari. Thus, the decision in NAICO is final. The parties have begun discussing resolution of the separate claims by each of the plaintiffs against the United States. It is the current intent of the parties to resolve these claims without further litigation. While these cases have been consolidated, the claims by each plaintiff are distinct, with different facts and different parties. As such, each of the cases will have to be resolved separately. Because there are separate claims, the process will take additional time to coordinate the proposals within the offices of the plaintiffs and through the

Case 1:02-cv-01228-TCW

Document 77

Filed 11/30/2007

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Department of Justice and the separate agencies: the Department of the Air Force, in the case of Mountbatten; and the Army Corps of Engineers, for Gulf Insurance. In view of the nature of the coordination effort between the parties and the potentially limited availability of some of the participants during the upcoming holiday season, the parties request leave to discuss and attempt to resolve the individual cases over the next 45 days. Further, that, on or before January 16, 2008, the parties will file a joint status report informing the Court of the status of settlement negotiations for each of the cases.

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

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Case 1:02-cv-01228-TCW

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s/ Eric R. Stanco ERIC R. STANCO Eric R. Stanco & Associates 126 C Street, N.W. Washington, D.C. 20001 s/ Robert G. Barbour ROBERT G. BARBOUR Watt, Tieder, Hoffar & Fitzgerald, L.L.P. 7929 Westpark Drive, Suite 400 McLean, Virginia 22102

s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

s/ Ronald G. Morgan RONALD G. MORGAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 307-0367 Fax (202) 514-7969 Attorneys for Defendant

Attorneys for Plaintiffs

November 30, 2007

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Case 1:02-cv-01228-TCW

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Filed 11/30/2007

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CERTIFICATE OF FILING I hereby certify that, on this 30th day of November 2007, a copy of the foregoing "SEVENTH 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/ Ronald G. Morgan Eric R. Stanco, Esquire Eric R. Stanco & Associates 126 C Street, N.W. Washington, D.C. 20001

Robert G. Barbour, Esquire Watt, Tieder, Hoffar & Fitzgerald, L.L.P. 7929 Westpark Drive, Suite 400 McLean, Virginia 22102