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

Case 1:06-cv-00186-LB

Document 23

Filed 03/16/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-186C (Judge Block)

JOINT STATUS REPORT Pursuant to the Court's order dated February 2, 2007, the parties respectfully submit this joint status report. On February 2, 2007, the Court stayed this matter, upon defendant's motion, to permit the parties to engage in settlement negotiations. Unfortunately, because of a medical emergency with defendant's counsel of record, the parties have not been able to conduct any settlement negotiations. The case was recently assigned to the undersigned counsel of record for defendant, and after reviewing the case documents and conferring with plaintiff's counsel, the parties have agreed upon the following course of action. Defendant, simultaneously with this status report, will file a motion for leave to withdraw its motion for summary judgment in this matter, filed on June 23, 2006, because defendant no longer believes that summary judgment is appropriate at this time. The parties propose that the Court lift the stay in this matter, and that defendant shall file an answer to the complaint on or before March 26, 2007. After March 26, 2007, the parties will follow the Court's procedures in Appendix A to the Court's rules. The parties intend to begin formal discovery in this matter after the filing of the Joint Preliminary Status Report, and in the interim, will continue to discuss the possibility of settlement.

Case 1:06-cv-00186-LB

Document 23

Filed 03/16/2007

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Accordingly, the parties respectfully request that the Court lift the stay of proceedings in this matter, and order defendant to file an answer to the complaint on or before March 26, 2007.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

s/Christopher J. Brasco CHRISTOPHER J. BRASCO, Esq. Watt, Tieder, Hoffar & Fitzgerald, LLP 8405 Greensboro Drive, Suite 100 McLean, VA 22102 Tel: (703) 749-1000 Fax: (703) 893-8029 Attorney for Plaintiff

s/Donald E. Kinner DONALD E. KINNER Assistant Director

s/Dawn S. Conrad DAWN S. CONRAD 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) 616-2279 Fax: (202) 305-7643 Attorneys for Defendant

electronically filed March 16, 2007

Case 1:06-cv-00186-LB

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Filed 03/16/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 16th day of March, 2007, a copy of the foregoing "JOINT STATUS REPORT" was 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/Dawn S. Conrad