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

Case 1:07-cv-00205-GWM

Document 13

Filed 03/10/2008

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

JEFFREY B. MORGAN, Plaintiff, v. THE UNITED STATES, Defendant.

Case No. 07-205C (Judge George W. Miller)

JOINT STATUS REPORT Pursuant to the Order issued by the Court on July 25, 2007, defendant respectfully submits the following status report. Counsel for the parties have conferred regarding the filing of this document, and counsel for plaintiffs have authorized counsel for defendant to state that plaintiffs concur in the contents of this status report. 1. Since the filing of the parties' last joint status report, plaintiff's proposal to settle this case except as to claims based upon time spent driving between home and work in a Government vehicle was approved by the authorized representative of the Attorney General. Counsel for the parties have been discussing the appropriate terms to include in the settlement agreement (which would apply to this case and 12 other cases involving similar claims), as well as the terms upon which stipulations of dismissal should be filed. These discussions principally concern the manner in which payments under the settlement should be calculated in certain situations that may be relevant to a limited number of plaintiffs in these cases. 2. Appellants' petition for writ of certiorari filed in Stephen S. Adams, et al. v. United States, No. 70-116 (July 27, 2007), seeking review of the Federal Circuit's March 14, 2007 ruling against the plaintiffs concerning the home-to-work driving issue involved, was denied on

Case 1:07-cv-00205-GWM

Document 13

Filed 03/10/2008

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January 7, 2008, and appellants are considering what action to take at this time. Defendant believes that the driving claims should be dismissed based upon the Federal Circuit's decision in Adams. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

OF COUNSEL: Michael J. Dierberg William P. Rayel Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice

s/ Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-8275 Fax: (202) 305-7643 Attorneys for Defendant

March 10, 2008

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Case 1:07-cv-00205-GWM

Document 13

Filed 03/10/2008

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 10th day of March 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