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

Case 1:07-cv-00151-MBH

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Filed 05/16/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED STATES FIRE INS. CO., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-151 (Judge Horn)

JOINT STATUS REPORT Pursuant to this Court's Order of March 13, 2008, plaintiff and defendant respectfully submit the following joint status report. Since the parties' submission of their April 25, 2008, status report, defendant has deposed Rockmore Contracting and Faigle Electric, and has served additional interrogatories upon plaintiff. Defendant has produced additional responsive emails to the plaintiff, and has also responded to plaintiff's second set of interrogatories with the last known address and telephone number for Jonathan Walsh. Plaintiff has continued to cooperate with the audit of its claim, has subpoenaed the architect on the project at issue, and has engaged a process server to effect service of a subpoena upon Mr. Walsh. Plaintiff currently anticipates seeking a two-week extension of time to accommodate the uncertainties of deposition scheduling with respect to Edward Black and Jonathan Walsh, and to allow it to produce to defendant recently discovered materials that it believes may be emails responsive to defendant's document requests. Absent extenuating circumstances or leave of Court to extend the discovery deadline, however, the parties currently propose to complete discovery according to the following schedule:

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Case 1:07-cv-00151-MBH

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May 21, 2008 May 27, 2008 May 28, 2008 May 30, 2008 Week of June 2 June 3, 2008 June 5, 2008 June 6, 2008

Deposition of Archie Mosley Deposition of Stephen Hopkins Deposition of Ting & Li Architects Deposition of Clarissa Harley Depositions of Edward Black, United States Fire and Dan Hegarty Depositions of Karen Diehl and Joanna Koven Target date for Jonathan Walsh deposition Deposition of Dan Hegarty (tentative)

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Donald E, Kinner DONALD E. KINNER Assistant Director s/ Bruce Dickstein BRUCE DICKSTEIN DREIFUSS, BONACCI & PARKER, LLP 26 Columbia Turnpike, North Entrance Florham Park, N.J. 07932 Tel: (973) 514-1414 Fax: (973) 514-5959 s/ A. Bondurant Eley A. BONDURANT ELEY Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Classification Unit, 8th Floor Washington, D.C. 20530 Tel: (202) 616-8254 Fax: (202) 514-8624 Attorneys for Defendant

Attorney for Plaintiff May 16, 2008

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CERTIFICATE OF FILING I hereby certify that on this 16th day of May 2008, a copy of the foregoing AJOINT 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/ A. Bondurant Eley