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

Case 1:07-cv-00067-RHH

Document 30

Filed 09/05/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BIOFUNCTION, LLC, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) No. 07-67C ) (Judge Hodges) ) ) ) ) ) ) ) JOINT STATUS REPORT

In response to the Court's order of August 11, 2008, plaintiff, Biofunction LLC and defendant, United States, hereby submit this joint status report on the progress of discovery and the likelihood of further dispositive motions: The parties have exchanged documents and witness lists. The United States has taken the deposition of Biofunction LLC's principal, Bruno Kovacic. Mr. Kovacic's deposition has not been completed. Mr. Kovacic's deposition is scheduled to be completed on September 17, 2008. Biofunction has taken the depositions of United States Postal Service employees and former employees, Gary Emich, Rey Pulido, Rosemary Fernandez, Bharat Bhatt, and Dan Carriglio. The depositions of additional employees and former employees, Victor Orr, Craig Williams, Thomas McCue, Colleen Mosca and Jon Stalnacker, are scheduled to be taken during the week of September 15, 2008. Biofunction does not intend to file a dispositive motion pursuant to RCFC 12(b), 12(c), or 56.

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Case 1:07-cv-00067-RHH

Document 30

Filed 09/05/2008

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Once the depositions are completed, defendant likely will file a motion for summary judgment because even if there otherwise may have been an implied contract between the Government and Biofunction, the Government employee who attempted to enter into the implied contract with Biofunction did not have contracting authority. Defendant has not yet determined whether it will file any other dispositive motions. Date: September 5, 2008 s/ Barbara J. Massey Barbara J. Massey David W. Ginn Law Offices of David W. Ginn 1981 N. Broadway, Suite 275 Walnut Creek, CA 94596 (925) 256-4466 (telephone) (925) 256-4423 (fax) Attorneys for Plaintiff, Biofunction, LLC GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/ Steven Gillingham STEVEN GILLINGHAM Assistant Director s/ Robert C. Bigler ROBERT C. BIGLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L. Street, N.W. Attn: Classificatin Unit 8th Floor Washington, D.C. 20530 (202) 307-0315 (telephone) (202) 305-7644 Attorneys for Defendant, THE UNITED STATES Date: September 5, 2008

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Case 1:07-cv-00067-RHH

Document 30

Filed 09/05/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 5th day of September 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. The parties may access this filing through the Court=s system.

s/ Robert C. Bigler

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