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

Case 1:06-cv-00354-MBH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) AMERICAN CASUALTY CO. ) OF READING, PENNSYLVANIA, ) ) Plaintiff, ) ) v. ) No. 06-354C ) Judge Horn UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) JOINT STATUS REPORT Pursuant to this Court's Order of July 20, 2007, Plaintiff American Casualty Co. of Reading, Pennsylvania and the Defendant, the United States of America, by their respective counsel, respectfully submit the following joint status report: 1. 2. Discovery has concluded, with all depositions having been taken. The primary matter at issue between the parties being the amount of damages

for which American Casualty may be liable to the Government under the roof warranty, the parties believe that mediation may likely result in a resolution of the dispute. The parties contemplate Court-sponsored mediation to be held in accordance with the schedule proposed below. Defendant's counsel intends to recommend that participation in mediation be authorized in this case. If testimony is contemplated by either party, the mediation shall be held in Los Angeles, California. 3. If such mediation is not successful, the parties believe that this matter should

be scheduled for trial in accordance with the following schedule:

Case 1:06-cv-00354-MBH

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Event: Authorization For Defendant to Participate In Mediation Submission of Confidential Mediation Statements Mediation Last Date for filing Dispositive Motions Exchange of witness lists and trial exhibits, including designation of deposition witness testimony to be introduced at trial, other than exhibits to be used for impeachment or rebuttal. Submission of stipulation of uncontested facts. Last date for filing objections to witness lists and exhibits and for filing motions in limine. Filing and exchange of pretrial memoranda of law Trial (estimated 6 days) Submission of post-trial briefs

Date:

October, 2007 November 12, 2007 November 28-29, 2007 30 days before trial 21 days before trial

14 days before trial 10 days before trial

7 days before trial March 2008 15 days after trial

WHEREFORE, American Casualty and the United States move this Court for an order extending discovery and the schedule in this case, as stated above. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Donald E. Kinner DONALD E. KINNER Assistant Director

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s/ Victor G. Klingelhofer VICTOR G. KLINGELHOFER, Esq. Cohen Mohr, LLP 1055 Thomas Jefferson St., N.W. Suite 504 Washington, D.C. 20007 Phone (202) 342-2550 Fax (202) 342-6147

s/ Joan M. Stentiford JOAN M. STENTIFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-0341 Fax: (202) 514-8624 Attorneys for Defendant

Attorney for Plaintiff