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

Case 1:07-cv-00008-MBH

Document 21

Filed 06/15/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS LARRY S. ANDERSON, et al., ) ) ) ) ) No. 07-0008 ) ) (Judge Horn) ) ) ) JOINT STATUS REPORT Pursuant to the Court's order of April 20, 2007, the parties file this joint status report. Plaintiffs allege that they are entitled to back pay for unpaid overtime and other relief under the Fair Labor Standards Act ("FLSA"). Plaintiffs further allege that they are employed by the U.S. Navy at the Naval Air Warfare Center in Lakehurst, New Jersey, in three different technical occupations. The case currently includes two GS-856-11 Electronics Technicians, eight GS802-12 Engineering Technicians, and seven GS-1150-11/12 Industrial Specialists. The Government has conceded liability with respect to the GS-856-11 Electronics Technician and GS-802-12 Engineering Technician plaintiffs. The defendant provided plaintiffs with back pay calculations for all of the Electronics Technician and Engineering Technician plaintiffs prior to the previous status conference held on April 20, 2007. The parties filed a Joint Status Report on May 21, 2007, stating that the back pay calculations provided by the Government were acceptable to all of the plaintiffs. Since the previous Joint Status Report of May 21, 2007, plaintiffs have offered to settle the claims of the Electronics Technician and Engineering Technician plaintiffs. The Government is currently in the process of considering this request and obtaining a formal decision as to whether to accept the settlement offer. The parties are also in the process of

Plaintiffs, v. THE UNITED STATES, Defendant.

Case 1:07-cv-00008-MBH

Document 21

Filed 06/15/2007

Page 2 of 3

finalizing a settlement agreement in the event that the Government approves plaintiffs' settlement offer. With respect to the seven Industrial Specialists, the Navy has completed a management study of the non-plaintiff Industrial Specialist positions at the GS-11 and GS-12 grades. The Navy is in the process of considering the study and whether it would be appropriate to reclassify the Industrial Specialist positions as non-exempt. With respect to the GS-12 Industrial Specialist positions, the results of the management study are inconclusive and the parties agree that interviews with the plaintiffs and their supervisors concerning plaintiffs' job duties should be completed. The parties have tentatively scheduled interviews of the plaintiffs for July 12, 2006. Respectfully submitted, s/ Molly A. Elkin MOLLY A. ELKIN WOODLEY & McGILLIVARY 1125 15th Street, N.W. Suite 400 Washington, D.C. 20005 Tele: (202) 833-8855 Attorneys for Plaintiffs PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Kathryn A. Bleecker KATHRYN A. BLEECKER 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

June 15, 2007

Attorneys for Defendant

Case 1:07-cv-00008-MBH

Document 21

Filed 06/15/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 15th day of June 2007, a copy of the foregoing "JOINT 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