Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-01236-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EVA P. WHITE, as Administratrix ) of the Estate of CHRISTINE H. ) ROBERTS, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 05-1236C (Judge Baskir)

DEFENDANT'S STATUS REPORT Pursuant to the May 24, 2007 order of this Court, briefing on plaintiff's May 2, 2007 Motion For Attorney's Fees Pursuant to 28 U.S.C. § 2412, the Equal Access To Justice Act ("EAJA"), has been suspended until judgment becomes final and unappealable. On May 31, 2007, we filed a notice of appeal to the United States Court of Appeals for the Federal Circuit. Thus, judgment in this matter will be final and not appealable, pursuant to the EAJA, when the time to appeal or seek further review of any judgment by the court of appeals expires; a petition for certiorari before the Supreme Court is denied; any proceeding before the Supreme Court is concluded; or the Government dismisses its appeal. See 28 U.S.C. § 2412(d)(2)(G); see also Impresa Construzioni Geom. Domenico Garufi v. United States, 73 Fed. Cl. 718, 722-23 (2006);

Case 1:05-cv-01236-LMB

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Youngdale & Sons Const. Co., Inc. v. United States, 31 Fed. Cl. 167, 17172 (1994). It is our understanding that the Court intended the present suspension of briefing on plaintiff's May 2, 2007 motion to last until all potential further judicial review of the Court's judgment is complete. Accordingly, absent any further order from the Court, we will submit another status report within 14 days of whichever of the above events occurs and, in accordance with the Court's order, renew our motion for an enlargement of time to respond to plaintiff's motion, if appropriate, at that time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director

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Of Counsel: RAFAEL A. MADAN General Counsel JASON P. COOLEY Attorney Advisor Office of the General Counsel Office of Justice Programs Department of Justice 810 7th Street, N.W. Washington, D.C. 20531 June 1, 2007 s/Allison Kidd-Miller ALLISON KIDD-MILLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tel: (202) 305-3020 Fax: (202) 514-7969 Attorneys for Defendant

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Case 1:05-cv-01236-LMB

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CERTIFICATE OF FILING I hereby certify that on this 1st day of June, 2007, a copy of the foregoing "DEFENDANT'S 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/Allison Kidd-Miller