Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00008-MBH

Document 14

Filed 03/19/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LARRY S. ANDERSON, et al., ) ) ) ) ) 1:07-cv-08-MBH ) ) (Judge Horn) ) ) )

Plaintiffs, v. THE UNITED STATES, Defendant.

DEFENDANT'S STATUS REPORT Pursuant to the Court's order of March 5, 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 U.S. Navy at the Naval Air Warfare Center in Lakehurst, New Jersey, in three different technical occupations. The case currently includes one GS-856-11 Electronics Technician, eight GS-80212 Engineering Technicians and seven GS-1150-11/12 Industrial Specialists. Both the Electronics Technician and Engineering Technician positions were converted from exempt to non-exempt effective April 30, 2006. As a result, the defendant does not contest liability with respect to the one GS-856-11 Electronics Technician and eight GS-802-12 Engineering Technician plaintiffs. With the exception of the three plaintiffs that were recently added in the amended complaints (Chauncey Yaney, Lawrence Pancza, and William Rawlins), defendant expects to be able to provide plaintiffs' counsel with a spreadsheet stating the amount of backpay owed prior to the status conference on March 21, 2007. Defendant expects to be able to provide backpay calculations for the three remaining technicians within the next four weeks. With respect to the seven GS-1150-11/12 Industrial Specialists, these positions are currently designated as exempt. The defendant has conducted a preliminary review of the

Case 1:07-cv-00008-MBH

Document 14

Filed 03/19/2007

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Industrial Specialist positions at issue and believes that they are correctly designated as exempt. As a result, defendant plans to contest liability with respect to the Industrial Specialist plaintiffs. Respectfully submitted, 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 March 19, 2007

Case 1:07-cv-00008-MBH

Document 14

Filed 03/19/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 19th day of March 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