Free Response to Order to Show Cause - District Court of Federal Claims - federal

Case 1:06-cv-00116-NBF

Document 60

Filed 06/04/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CALIFORNIA OREGON BROADCASTING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-116C Judge Firestone

JOINT RESPONSE TO ORDER TO SHOW CAUSE Pursuant to the Court's May 28, 2008 order, the parties, through their respective counsel of record, respectfully submit this joint response to the Court's order to show cause why a trial date should not be set in this case in light of the parties' failure to file a status report on May 12, 2008 as previously ordered. The parties respectfully request that no trial date be set in this matter, because a settlement has been approved by Department of Justice officials in this case, and the parties are currently circulating their agreement for signature. The parties apologize for any inconvenience to the Court that has occurred by reason of their failure to submit a joint status report by May 12, 2008. After the issuance of the Court's order establishing that deadline, former lead counsel for the Government left the Department of Justice for other employment, and the matter was transferred to new counsel unfamiliar with the case. During the same time frame, plaintiff's counsel was occupied by a major bid protest. The parties' failure to comply with the Court's order was inadvertent and will not be repeated. The parties respectfully request that they be permitted to submit another status report in 14 days, on or before June 18, 2008, regarding the progress of the settlement. Should the parties resolve this matter prior to June 18, 2008, the parties will submit the appropriate document to

Case 1:06-cv-00116-NBF

Document 60

Filed 06/04/2008

Page 2 of 3

this Court. Respectfully submitted, GREGORY S. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Donald Kinner for s/ Mark Melnick MARK A. MELNICK Assistant Director s/ A. Bondurant Eley A. BONDURANT ELEY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 616-8254 fax: (202) 514-8624 OF COUNSEL: Suzanne Boyce Carlson Office of the Solicitor Pacific Southwest Region 1111 Jackson Street, Suite 735 Oakland, California 94607 June 4, 2008 Attorneys for Defendant

s/ Neil H. O'Donnell NEIL H. O'DONNELL Rogers Joseph O'Donnell 311 California Street San Francisco, California 94104 Tel. (415) 956-2828 Fax (415) 956-6457 Attorney for Plaintiff

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Case 1:06-cv-00116-NBF

Document 60

Filed 06/04/2008

Page 3 of 3

Certificate of Filing I hereby certify that on this 4th day of June, 2008, a copy of the parties's Joint Response to Order to Show Cause 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/ A. Bondurant Eley

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