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

Case 1:06-cv-00393-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 06-393 T (Judge Baskir) OLD REPUBLIC LIFE INSURANCE COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ______________ JOINT PRELIMINARY STATUS REPORT ______________ Pursuant to paragraph 4 of RCFC, Appendix A, the parties submit the following information: a. Jurisdiction. The parties believe that the Court has jurisdiction of the case. b. Consolidation. The parties know of no case in this Court with which this case should be consolidated. c. Bifurcation of trial. Separate trials on the questions of liability and damages are unnecessary. d. Deferral of proceedings. The parties know of no reason why proceedings should be deferred. e. Remand or suspension. Not applicable. -1-

Case 1:06-cv-00393-LMB

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f. Additional parties. There are no additional parties. g. Dispositive motions. The plaintiff and the defendant have produced different computations of an amount of interest due to the plaintiff. They have been exchanging explanations and computations in an effort to understand and resolve the dispute. If the parties cannot reach an understanding between themselves, however, they believe they will be able to present the issues (once they are sufficiently clarified) to the Court in cross-motions for summary judgment. h. Issues. The issue is whether the plaintiff is entitled to additional overpayment interest on an overpayment. As the Court requested in paragraph 4 of its Order of June 5, 2006, the parties attach their most recent calculations as an appendix: Exhibit A is the plaintiff's calculation, and Exhibit B is the defendant's. i. Settlement. Until discovery is complete, the parties will not be able to evaluate settlement possibilities. j. Trial. The parties now believe that this case can be resolved without trial, either by mutual understanding or by dispositive motions.

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Case 1:06-cv-00393-LMB

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k. Special issues regarding electronic case management needs. The parties know of no such issues. l. Other information. The parties now know of no other information of which the Court should be aware. Discovery Plan Paragraph 5 of Appendix A, RCFC, and paragraph 4 of the Order of June 5, 2006, require the parties to set forth a proposed discovery plan. At their early meeting, counsel discussed the parties' discovery needs and the way those needs can be satisfied without undue burden. Because the parties are still trying to focus on the exact nature of their disagreement, they cannot yet specify the sorts of discovery that may be necessary. They suggest an initial period of six months in which they can continue to discuss the issues and exchange information. At the conclusion of that period, they will file a joint status report suggesting further procedures. The plaintiff's attorney has authorized the defendant's trial attorney to submit this document electronically as a joint filing.

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Case 1:06-cv-00393-LMB

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Respectfully submitted, s/ Thomas C. Walsh THOMAS C. WALSH Lord Bisssell & Brook, LLP. 111 South Wacker Drive Chicago, IL 60606-4410 TEL: (312) 443-0621 FAX: (312) 896-6621 Attorney for the Plaintiffs

s/ Robert Stoddart ROBERT STODDART U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section MARY M. ABATE Assistant Chief s/ Mary M. Abate Of Counsel Attorneys for the Defendant October 26, 2006 -4-