Free Status Report - District Court of Federal Claims - federal

Case 1:06-cv-00413-GWM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EXIDE TECHNOLOGIES, INC. Plaintiff, v. THE UNITED STATES, Defendant, and SUBMARINE SERVICE NETWORK, LLC, Defendant-Intervenor. ) ) ) ) ) No. 06-413C ) (Judge George W. Miller) ) ) ) ) ) ) ) ) )

DEFENDANT'S STATUS REPORT The defendant, United States, respectfully submits this status report to the Court. The defendant has discussed the

contents of this status report with counsel for the plaintiff and intervenor-defendant, who do not object to the filing of this status report. The parties have reached a tentative settlement agreement. The settlement agreement must first be approved by the Attorney General's authorized representative. The parties believe they

can obtain approval and execute this settlement in the next few days and in any event, no later than the end of next week. Because of this change of circumstances, the parties request that the Court stay the current scheduling order. Currently, the

defendant's opposition to the plaintiff's motion for expedited discovery is currently due today, June 1, 2006 and the plaintiff's response is due Monday, June 5, 2006. If the parties

Case 1:06-cv-00413-GWM

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reach settlement, then the plaintiff will dismiss its complaint without prejudice. The parties are available for a telephonic status conference at the convenience of the Court.

Respectfully Submitted,

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/Patricia M. McCarthy PATRICIA M. MCCARTHY Assistant Director S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street, N.W. Attn: 8th floor Classification Unit Washington, D.C. 20530 Tele: (202) 307-1011 Fax: (202) 514-8624 June 1, 2006 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on June 1, 2006 a copy of 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. Parties may access this filing through the Court's system.

s/Tara K. Hogan