Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00008-MBH

Document 33

Filed 12/20/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LARRY S. ANDERSON, et al., ) ) ) ) ) No. 07-08-C ) ) (Judge Horn) ) ) )

Plaintiffs, v. THE UNITED STATES, Defendant.

DEFENDANT'S STATUS REPORT Pursuant to the Court's order dated November 20, 2007, the defendant files this status report. Plaintiffs allege that they are entitled to backpay for unpaid overtime and other relief under the Fair Labor Standards Act ("FLSA"). Plaintiffs further allege that they are employed by the United States Navy at the Naval Air Warfare Center in Lakehurst, New Jersey, in three different technical occupations. The case originally included two GS-856-11 Electronics Technicians, eight GS-802-12 Engineering Technicians and seven GS-1150-11/12 Industrial Specialists. With respect to the GS-856-11 Electronics Technician and GS-802-12 Engineering Technician plaintiffs, on October 11, 2007, the parties filed two joint stipulations requesting dismissal of those two categories of plaintiffs. On October 17, 2007, the Court ordered that those plaintiffs be dismissed with prejudice. With respect to the seven GS-1150-11/12 Industrial Specialists, on November 9, 2007, the Industrial Specialist plaintiffs and the Government executed a settlement agreement which resolves these claims. The parties are currently waiting for the Judgment Fund to pay the settlement amount. While neither the Department of Justice nor the Navy control payment by the Judgment Fund, the settlement agreement executed by the parties requires that the

Case 1:07-cv-00008-MBH

Document 33

Filed 12/20/2007

Page 2 of 3

Government pay interest if the settlement amount is paid after December 31, 2007. Therefore, the parties are hopeful that the Judgment Fund will pay the settlement by December 31, 2007. The parties expect that a joint dismissal can be executed and filed with the Court within one week of payment of the settlement amount by the Judgment Fund. Lastly, as defense counsel will be on paternity leave during the month of January, defense counsel requests that its next status report, if necessary, not be due until February 20, 2008. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Kirk T. Manhardt KIRK T. MANHARDT Assistant Director s/ Robert C. Bigler ROBERT C. BIGLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 307-0315 Fax: (202) 514-8624 December 20, 2007

Case 1:07-cv-00008-MBH

Document 33

Filed 12/20/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 20th day of December 2007, a copy of the foregoing "DEFENDANT'S 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