Free Status Report - District Court of Federal Claims - federal

Case 1:06-cv-00146-TCW

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Filed 04/04/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TETRA TECH EC, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-146C (Judge Wheeler)

PLAINTIFF'S "PROPOSED" JOINT STATUS REPORT Pursuant to the Court's August 10, 2006 Scheduling Order, Plaintiff Tetra Tech EC, Inc. submits Plaintiff's "Proposed" Joint Status Report. Counsel for Plaintiff forwarded Counsel for Defendant the Report that follows yesterday for comment or approval. Counsel for Defendant advised at close of business today that he has been unable to obtain official approval of the Report that follows. The Report that follows is therefore submitted as "proposed" by Plaintiff without an electronic signature for the Defendant. As set forth below, this "Proposed" Joint Status Report will revisit the issues set forth in the parties' Joint Preliminary Status Report filed on July 21, 2006 and will also address any other new issues. 1. Jurisdiction: The parties' positions as set forth in the July 21, 2006 Joint

Preliminary Status Report ("JPSR") remain unchanged. 2. 3. 4. 5. unchanged. Consolidation: The parties' positions as set forth in the JPSR remain unchanged. Bifurcation: The parties' positions as set forth in the JPSR remain unchanged. Deferral: The parties' positions as set forth in the JPSR remain unchanged. Remand/Suspension: The parties' positions as set forth in the JPSR remain

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6.

Joinder of Additional Parties: The parties' positions as set forth in the JPSR

remain unchanged. 7. Motions Pursuant to RCFC 12(b), 12(c) or 56: Plaintiff expects to file a

motion for summary judgment. 8. Relevant Questions: The relevant questions set forth in the JPSR remain

unchanged. Additionally, Plaintiff Tetra Tech, EC, Inc. ("Tetra Tech") submits the following relevant questions based on information obtained during discovery: a) Whether Tetra Tech is entitled to recover for excavations required under the contract based on geophysical interpretation rather than the results of the excavation and/or physical examination of the item(s) excavated or found. b) Whether Tetra Tech is entitled to recover based on the weighted formula applied by the Contracting Officer in calculating the amount owed to Tetra Tech in the Contracting Officer's final decision, which formula was adopted, with corrections, in the Rule 30(b)(6) deposition of the Government's witness. 9. Settlement: As set forth in the Defendant's Unopposed Motion to Modify the

Scheduling Order, Plaintiff made an offer of settlement at a March 8, 2007 meeting of counsel. Plaintiff reduced the settlement offer to writing and served it upon the Government's counsel on March 9, 2007. At the Government's request, Tetra Tech provided the Government with additional supporting information on March 13, 2007. On April 2, 2007, counsel for the Government advised Plaintiff's counsel that the Government would be unable to respond to the offer before this Report was due.

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10.

Trial: The parties anticipate that the case will proceed to trial unless a settlement

is reached or a dispositive motion is granted. Given the period of this case's pendency, Plaintiff requests that the Court set a trial date as soon as practicable after the post discovery conference. 11. Electronic Case Management: The parties' positions as set forth in the JPSR

remain unchanged. 12. Additional Issues: a) Plaintiff proposes to amend its Complaint to add a Count covering the additional "relevant questions" set forth in ¶ 8 above. Neither party anticipates that additional discovery will be required that cannot be completed in accordance with the Court's March 26, 2007 Docket Report Order. b) c) The parties propose that a Joint Status Report be filed on May 2, 2007. The parties propose that, in accordance with RCFC Appendix A, ¶ 11, the post discovery conference be held at 10:00 a.m. on Wednesday, May 8, 2007, or as soon thereafter as the Court's schedule may permit. 13. Status of Discovery

As set forth in the Docket Report Order dated March 26, 2007, the parties may take depositions through April 30, 2007, at which time discovery will close.

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Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director

s/ William W. Thompson, Jr. WILLIAM W. THOMPSON, JR. ROBERT D. BANFIELD PECKAR, ABRAMSON, BASTIANELLI & KELLEY 1133 21st Street, NW, Ste. 500 Washington, D.C. 20036 Tel: (202) 293-8815 Fax: (202) 293-7794 Attorneys for Plaintiff

______________________ JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643

April 4, 2007

Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on this 4th day of April 2007, a copy of the foregoing PLAINTIFF'S "PROPOSED" JOINT STATUS REPORT was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ William W. Thompson, Jr.

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