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

Case 1:07-cv-00151-MBH

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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. The audit of plaintiff's claim is currently scheduled to commence on April 7, 2008. Since the status conference on March 12, defendant served subpoenas duces tecum upon Blake Electric, Faigle Electric, Chalgo Paint, S&L Plumbing and Heating, Rockmore Contracting, and Stephen Hopkins. Service of a seventh subpoena upon Edward Black was unsuccessful due to outdated contact information for Mr. Black. Plaintiff's counsel has since indicated that he will facilitate service of this subpoena, and identify by April 8, 2008, dates upon which Mr. Black is available. Depositions of S&L Plumbing and Heating, Chalgo Paint, and Blake Electric are currently scheduled to occur on April 15, 16, and 17, 2008, respectively, and the deposition of Faigle Electric is scheduled for May 1, 2008. In light of the parties' agreement that any documents obtained from third parties in connection with the Government's subpoenas duces tecum will be made available to plaintiff's counsel three days in advance of any scheduled deposition, defendant has produced to plaintiff the documents received from Chalgo Paint, and is working with S&L Plumbing & Heating and

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Faigle Electric to obtain their materials well in advance of their scheduled depositions. Counsel for Blake Electric has advised defendant's counsel that Blake is not in possession of any relevant documents. The parties agree to proceed with discovery according to the following schedule: April 7-8, 2008 April 8, 2008 DCAA auditor entrance conference with US Fire US Fire to provide alternate deposition dates for Stephen Hopkins and Edward Black Defendant to provide deposition dates in May for Daniel Hegarty, Archie Mosley and Jonathan Walsh April 9, 2008 April 10, 2008 April 11, 2008 Plaintiff to review defendant's production (tentative) Defendant to produce privilege log US Fire to produce privilege log, and non-privileged documents identified in defendant's letter of February 27, 2008 30(b)(6) Deposition of S&L Plumbing and Heating 30(b)(6) Deposition of Chalgo Paint 30(b)(6) Deposition of Blake Electric US Fire to respond to Defendant's Initial Interrogatories 30(b)(6) Deposition of Faigle Electric Daniel Hegarty, Jonathan Walsh, Archie Mosley, Clarissa Harley, Joanna Koven, Stephen Hopkins, Edward Black, US Fire Deposition of Ting & Li Architects (tentative)

April 15, 2008 April 16, 2008 April 17, 2008 April 25, 2008 May 1, 2008 May Depositions

May 28, 2008

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General 2

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JEANNE E. DAVIDSON Director

s/ Donald E. Kinner DONALD E. KINNER Assistant Director 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

BRUCE DICKSTEIN DREIFUSS, BONACCI & PARKER, LLP 26 Columbia Turnpike, North Entrance Florham Park, N.J. 07932 Tel: (973) 514-1414 Fax: (973) 514-5959

Attorney for Plaintiff April 4, 2008

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CERTIFICATE OF FILING I hereby certify that on this 4th day of April 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