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

Case 1:06-cv-00231-EJD

Document 14

Filed 05/18/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) EDWARD GRINNELL,

06-231 C (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to this Court's Order of April 27, 2006, the Parties submit this Joint Status Report concerning further proceedings in this matter. The Postal Service Board of Contract Appeals ("the Board") has issued an order, dated May 4, 2006, stating that, while there is no objection to the timeliness of the appeal from the Government or the BCA, the Board does not have jurisdiction over the equitable claims of Edward Grinnell ("Grinnell"). The Board further ordered that the matter before it be stayed for sixty (60) days to allow Grinnell to submit a monetary claim to the contracting officer. The Board has further ordered the contracting officer to respond within thirty (30) days of Grinnell's monetary claim. Grinnell has submitted a monetary claim to the contracting officer and a decision on that claim should be rendered before June 27, 2006, pursuant to the order of the Board. Given the foregoing, and the agreement of the parties that it would conserve judicial resources and avoid delay to have the entirety of Grinnell's claims heard before the same tribunal, the Parties propose the following course of action:

-1-

Case 1:06-cv-00231-EJD

Document 14

Filed 05/18/2006

Page 2 of 3

1. The stay currently in place pursuant to this Court's April 27, 2006, Order shall remain in place until June 27, 2006, as originally ordered. 2. The Parties shall submit a Joint Status Report to this Court on June 27 or within seven (7) days of Grinnell's receipt of the contracting officer's decision on his monetary claim, whichever occurs first. 3. Grinnell shall, contemporaneously with the Parties' submission of their Joint Status Report, either dismiss the action currently pending in this Court or amend his Complaint before this Court and dismiss the action before the Board. Respectfully submitted, Dated: May 18, 2006 /s Sean D. Magenis SEAN D. MAGENIS Kelly & Associates, LLC 96 High Street Belfast, Maine 04915 207-338-2702 207-338-0328 (fax) Attorney for Plaintiff PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s Brian M. Simkin BRIAN M. SIMKIN Assistant Director

Dated: May 18, 2006

-2-

Case 1:06-cv-00231-EJD

Document 14

Filed 05/18/2006

Page 3 of 3

/s Sean B. McNamara SEAN B. McNAMARA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 (202) 305-7573 (202) 514-8624 (fax) Attorneys for defendant

-3-