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

Case 1:07-cv-00003-MMS

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Filed 02/29/2008

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THE UNITED STATES COURT OF FEDERAL CLAIMS

L1NDA A. STOCUM, Plaintiff,
V.

UNITED STATES OF AMERICA, Defendant.

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Case No. 07-03C (Judge Margaret M. Sweeney)

JOINT STATUS REPORT Pursuant to the Order issued by the Court on February 12, 2008, plaintiff and defendant respectfully submit the following joint status report: 1. On June 29, 2007, the parties entered into partial settlement agreements resolving

certain claims in this case as set forth in their Stipulation of Partial Dismissal ("Stipulation") filed herein on June 29, 2007. As set forth in the Stipulation, the partial settlement agreements do not cover plaintiffs' claims under the Fair Labor Standards Act, 29 U.S.C. § 201 et se~, for the time solely spent driving a Government vehicle between home and work or claims based upon employment in positions at agencies other than the Drug Enforcement Administration. 2. The parties anticipate resolving the plaintiff's claims for back pay for driving to and

from work in a Government vehicle through dispositive motions. Plaintiff believes that discovery will be necessary regarding plaintiff's back pay claims for driving to and from work in a Government vehicle. Defendant believes that discovery concerning plaintiff's claim for driving time is unwarranted and an undue burden, that this claim is controlled by Adams v. United States, 471 F.3d

Case 1:07-cv-00003-MMS

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1321 (Fed. Cir. 2006), cert. denied, 128 S.Ct. 866 (2008), and that, under this controlling precedent, plaintiff's driving claim should be dismissed as a matter of law. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202) 296-7220 SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Washington, D.C. 20036 Tel: (202) 616-8275 Fax: (202) 305-7643 OF COUNSEL: Michael J. Dierberg William Rayel Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Attorneys for Defendant Dated: February 29, 2008

~ANNE E. I~AVIDSON ~ Director

James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiffs Dated: February 29, 2008

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Case 1:07-cv-00003-MMS

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 29th day of February 2008, 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. Parties may access this filing through the Court's system. s/Shalom Brilliant