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

Case 1:06-cv-00359-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AMY B. BURKHOLDER, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-359C (Judge Baskir) (ADR Judge Horn)

JOINT STATUS REPORT Pursuant to this Court's April 30, 2007 order, the parties hereby respectfully submit this joint status report suggesting further proceedings. Since this Court's ruling on Defendant's Motion to Dismiss, the parties have been engaging in settlement discussions and will continue to discuss the possibility of settlement. In the event that this case is not resolved by settlement, defendant will file a motion for summary judgment on or before August 24, 2007. The basis for defendant's motion will be that $381.85 was not in excess of 15 percent of plaintiff's disposable pay in 2006. In one instance, defendant inadvertently deducted more than $381.85, but immediately corrected that error by taking no deduction from the next paycheck. Plaintiff's Position Plaintiff's pay statements will show the defendant has deducted in

Case 1:06-cv-00359-LMB

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excess of 15 percent of Ms. Burkholder's disposable pay and continues to deduct in excess of 15 percent of Ms. Burkholder's disposable pay. The defendant's calculation of disposable pay excluded Ms. Burkholder's Thrift Savings contribution and living allowances. Ms. Burkholder will file an opposition to Defendant's motion, on or before September 8, 2007.

Respectfully Submitted, /s/ BARBARA B. HUTCHINSON BARBARA B. HUTCHINSON 7907 Powhatan Street New Carrollton, MD 20784 Tel: (301) 577-3387 Fax: (301) 577-3764 Attorney for Plaintiff PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ KATHRYN A. BLEECKER KATHRYN A. BLEECKER Assistant Director /s/ MEREDYTH D. COHEN MEREDYTH D. COHEN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-7978 Fax: (202) 514-8624 June 21, 2007 2 Attorneys for Defendant

Case 1:06-cv-00359-LMB

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CERTIFICATE OF FILING I hereby certify that on this 21st day of June, 2007, copies of the foregoing "JOINT STATUS REPORT" were 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/ Meredyth D. Cohen