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

Case 1:07-cv-00124-LJB

Document 12

Filed 05/29/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Daniel D. Ingham, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-124C (Judge Lynn J. Bush)

JOINT STATUS REPORT In response to this Court's May 16, 2007 Order, instructing the parties to confer and subsequently file a joint status report proposing a schedule to resolve the issues raised by the Court in that Order, defendant hereby respectfully submits this joint status report on behalf of the parties. Plaintiff has reviewed, and consented to, this filing. Defendant agrees that the statute identified by this Court, 50 U.S.C. app. § 526, "tolls the running of this court's six year limitations period" in the instant case. May 16, 2007 Order at 8. Notwithstanding that statute, however, defendant believes plaintiff's claim is barred under the doctrine of laches, an issue this Court also identified as requiring resolution. Id. at 9. Accordingly, the parties propose the following agreed-upon schedule to resolve the laches issue: · · · Defendant shall file a new motion to dismiss on or before July 6, 2007. Plaintiff shall file his response on or before July 23, 2007. Defendant shall file a reply on or before August 3, 2007.

The foregoing proposed schedule takes into account the schedules of both parties' counsel during the months of June and July.

Case 1:07-cv-00124-LJB

Document 12

Filed 05/29/2007

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Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

JEANNE E. DAVIDSON Director

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

s/ Matthew H. Solomson MATTHEW H. SOLOMSON Trial Attorney, Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-3274 Fax: (202) 514-8624 May 29, 2007 Attorneys for Defendant

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Case 1:07-cv-00124-LJB

Document 12

Filed 05/29/2007

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CERTIFICATE OF FILING I hereby certify that, on this 29th day of May 2007, I caused to be placed in the United States mail (first-class, postage prepaid) the foregoing JOINT STATUS REPORT addressed to the below-listed individuals. I also 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.

Mr. Gary Myers 78 Clark Mill Road Weare, NH 03281

s/ Matthew H. Solomson MATTHEW H. SOLOMSON