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

Case 1:02-cv-01228-TCW

Document 70

Filed 03/09/2007

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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)

SECOND JOINT STATUS REPORT On October 16, 2006, the United States filed an Unopposed Motion to Stay Proceedings in this case, pending resolution of Travelers Indemnity Co. v. United States, docket number 06-5143, pending before the United States Court of Appeals for the Federal Circuit. On that same date, this Court granted the Government's motion and ordered this case stayed "until fifteen days following the resolution of Travelers." As part of that order, the Court required the parties to submit a Joint Status Report on or before January 10, 2007, and every 60 days thereafter, advising the Court of the status of the Travelers appeal. Pursuant to that order, the parties report that the United States filed its opening brief in Travelers on November 27, 2006. Traveler's brief to the court of appeals was filed January 9, 2007. The United States filed its reply brief on

Case 1:02-cv-01228-TCW

Document 70

Filed 03/09/2007

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January 26, 2007. Oral argument has not yet been calendared. Additionally, on January 11, 2007, the Surety and Fidelity Association of America filed an amicus curiae brief and motion seeking leave to file the brief. The court of appeals granted the motion on January 31, 2007. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director 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

Attorneys for Plaintiffs March 9, 2007

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.

Case 1:02-cv-01228-TCW

Document 70

Filed 03/09/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 9th day of March, 2007, a copy of the foregoing "SECOND 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