Free Consent to Mediation - District Court of Federal Claims - federal

Case 1:06-cv-00401-NBF

Document 33

Filed 07/21/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

JILLINA MANION, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

) ) No. 06-401L ) ) Hon. Nancy B. Firestone ) ADR: Hon. Robert H. Hodges, Jr. ) ) ) )

PLAINTIFF'S REQUEST FOR MEDIATION Plaintiff Jillina Manion requests that a mediation be scheduled before the Hon. Robert H. Hodges, Jr., the designated ADR judge for this case, or his designee. Plaintiff requests that the mediation include both this case and a related case, Manion v. U.S., U.S. District Court for Oregon Civil No. 3:06-CV-739-HU, U.S. Court of Appeals for the Ninth Circuit No. 06-36075. In the latter case, plaintiff sought recovery of the same damages on the same facts as in this Court of Federal Claims case, but asserted a claim under the U.S. Tort Claims Act on a legal theory under Oregon law of negligent removal of lateral support. The U.S. District Court dismissed the case by order dated October 18, 2006, on the ground that recovery was barred by an Oregon 10-year statute of repose. Plaintiff appealed to the U.S. Court of Appeals for the Ninth Circuit, where the case was put on hold pending assessment of it for inclusion in the Ninth Circuit's Mediation program. An assessment conference as to the suitability of the case for mediation was originally scheduled for February 9, 2007, but repeatedly postponed to await the outcome of discovery in this Court of Federal Claims case. The assessment conference is presently scheduled for July 21, 2008.

Page 1 ­ PLAINTIFF'S REQUEST FOR MEDIATION

Case 1:06-cv-00401-NBF

Document 33

Filed 07/21/2008

Page 2 of 3

The factual basis for both cases is identical. The cases are based on different legal theories of recovery: a taking of plaintiff's property rights in this case; and negligent removal of lateral support in the Ninth Circuit case. Plaintiff is a person of limited means, and has nearly exhausted her resources in pursuing these cases and paying for repairs of the damage to her home. Plaintiff therefore requests that the mediation be conducted in person in Oregon or, if necessary, by telephone. Plaintiff is not aware that the United States objects to mediation, but the United States thus far has made no settlement offer. Dated this 21st day of July, 2008. LINDSAY, HART, NEIL & WEIGLER, LLP

By: s/ Carl R. Neil Carl R. Neil 1300 SW Fifth Avenue, Suite 3400 Portland, OR 97201-5640 PH: 503/226-7677 Fax: 503/226-7697 E-mail: [email protected] Attorneys for Plaintiff

Page 2 ­ PLAINTIFF'S REQUEST FOR MEDIATION

Case 1:06-cv-00401-NBF

Document 33

Filed 07/21/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that I served the foregoing PLAINTIFF'S REQUEST FOR MEDIATION on the following counsel:
Mr. Mark T. Romley Trial Attorney, Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Ben Franklin Station Washington, DC 20044-0063 Email: [email protected]

Attorney for Defendant United States of America
Mr. Stephen Liacouras United States Court of Appeals for the Ninth Circuit P.O. Box 193939 San Francisco, CA 94119-3939

Court Mediator Hon. Robert H. Hodges, Jr. United States Court of Federal Claims 717 Madison Place, NW Washington, DC 20005 ADR Judge By mailing a true and correct copy hereof to said counsel on the date below. DATED this 21st day of July, 2008. By: s/ Carl R. Neil Carl R. Neil, OSB #58065 [email protected] Of Attorneys for Plaintiff

CERTIFICATE OF SERVICE
W:\wdocs\LHNWMAIN\83263\0001\PLEA D\00113102.DOC