Free Scheduling Order - District Court of Federal Claims - federal

Case 1:06-cv-00334-LJB

Document 8

Filed 08/24/2006

Page 1 of 2

In the United States Court of Federal Claims
No. 06-334 C (Filed August 24, 2006) ********************* DOUGLAS S. JOHNSON, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ********************* SCHEDULING ORDER On August 18, 2006,1 the parties, pursuant to Appendix A, ¶ 4 of the Rules of the United States Court of Federal Claims (RCFC) filed their joint preliminary status report (JPSR). The parties state that plaintiff has been employed by the same Federal agencies as plaintiffs in Boyer v. United States, No. 00-641 C, along with serving the same position (Senior Marine Enforcement Officer) as of some of the plaintiffs in Boyer. Additionally, plaintiff asserts similar claims, if not identical, to the claims asserted in Boyer. Currently in Boyer, the parties are conducting settlement negotiations and summary judgment motions are due to be filed by September 30, 2006. The parties state that if settlement is not reached and summary judgment motions are filed in Boyer then they shall most likely file them in the subject matter, as well. Also, the parties propose that home-to-work driving issues and further proceedings relating to damages be deferred pending resolution of Adams v. United States, No. 90-162C. The court is amenable to granting the parties the time requested to settle this case. If no settlement is achieved plaintiffs may file their dispositive motion.

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/ Although, the parties' JPSR was untimely, due to have been filed by August 17, 2006,

it is to be considered filed on August 18, 2006 by leave of the court.

Case 1:06-cv-00334-LJB

Document 8

Filed 08/24/2006

Page 2 of 2

Accordingly, it is hereby ORDERED that: (1) The parties' JPSR electronically submitted to the court on August 18, 2006 shall be considered filed as of that date; Plaintiffs' Dispositive Motion shall be filed on or before October 31, 2006;2 and Further proceedings relating to work-home driving issues and damages shall be DEFERRED pending the resolution of Adams v. United States, No. 90-162C.

(2)

(3)

s/Lynn J. Bush LYNN J. BUSH Judge

/ In the event that the parties determine that they are close to a resolution of plaintiffs' overtime pay claims, but are unable to finalize settlement by October 31, 2006, the court will entertain a request for additional time. 2

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