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

Case 1:07-cv-00003-MMS

Document 12

Filed 08/13/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

LINDA 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 May 15, 2007, 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 ("FLSA"), 29 U.S.C. § 201 et seq., 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. On July 27, 2007, plaintiffs filed their petition for writ of certiorari with the Supreme

Court seeking review of the Federal Circuit's March 14, 2007 adverse ruling in Stephen S. Adams, et al. v. United States, Case Nos. 06-5040 and 06-5041. Plaintiffs' petition was docketed Stephen S. Adams, et al. v. United States, No. 07-116. The parties believe that the stay issued by this Court on May 15, 2007 should be continued until at least the final disposition of the plaintiffs' petition for writ of certiorari.

Case 1:07-cv-00003-MMS

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Filed 08/13/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/Jules Bernstein 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

s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

s/Edgar N. James EDGAR N. JAMES 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: August 13, 2007

s/Shalom Brilliant 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: August 13, 2007

Filed Electronically with the consent of the Attorneys for Defendant

Case 1:07-cv-00003-MMS

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Filed 08/13/2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 13th day of August 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. Parties may access this filing through the Court's system.

s/Jules Bernstein