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

Case 1:05-cv-01236-LMB

Document 14

Filed 03/10/2006

Page 1 of 7

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) (cc: Judge Horn)

JOINT PRELIMINARY STATUS REPORT Pursuant to paragraph 4 of the Court's December 8, 2005 Special Procedures Order, and Rule 16 and Appendix A of the Rules of the United States Court of Federal Claims ("RCFC"), plaintiff and defendant respectfully submit the following joint preliminary status report: (a) Jurisdiction Defendant is currently unaware of any basis upon which to challenge the Court's jurisdiction. (b) Consolidation The parties agree that this case should not be consolidated with any other case.

Case 1:05-cv-01236-LMB

Document 14

Filed 03/10/2006

Page 2 of 7

(c) Bifurcation The parties agree that bifurcation is not appropriate in this case. (d) Deferral The parties agree that further proceedings in this case should not be deferred pending consideration of another case before this Court or any other tribunal. (e) Remand/Suspension The parties do not at this time intend to seek remand or suspension. (f) Joinder The parties agree that no additional parties will be joined. (g) Dispositive Motions The parties intend to proceed by cross-motions for judgment on the record pursuant to RCFC 56.1. Defendant intends to file its motion for judgment on the record within 30 days after the parties' telephonic Preliminary Status Conference with the Court. Defendant intends to rely upon the following factual and legal bases in support of its motion:

-2-

Case 1:05-cv-01236-LMB

Document 14

Filed 03/10/2006

Page 3 of 7

(1) Ms. Roberts, the mother of public safety officer Sheriff Harold Ray Presley, did not file a claim for benefits pursuant to the Public Safety Officers' Benefits ("PSOB") Act, including its implementing regulations, and therefore is ineligible to receive compensation for her son's death in the line of duty. (2) Even if Ms. Roberts had filed a claim pursuant to the PSOB Act, her own death two months after that of Sheriff Harold Ray Presley rendered her ineligible for benefits because the PSOB Act does not authorize payment to an individual's estate. (3) Even if the PSOB Act did authorize payment of benefits to an individual's estate, Ms. Roberts' estate does not have any cognizable legal interest in benefits resulting from the death of Sheriff Harold Ray Presley. (h) Relevant Factual And Legal Issues The parties have identified the following factual and legal issues: (1) Whether the Death Benefits Questionnaire submitted by the Lee County Sheriff's Department to the PSOB Office prior to Mrs. Roberts' death constitutes the filing of a claim for PSOB Act benefits on behalf of Mrs. Roberts.

-3-

Case 1:05-cv-01236-LMB

Document 14

Filed 03/10/2006

Page 4 of 7

(2) Whether the PSOB Act authorizes the payment of benefits to an estate. (3) Whether the PSOB Act authorizes the payment of benefits to the estate of Mrs. Roberts. (i) Settlement The parties have discussed settlement, and have participated in an alternative dispute resolution ("ADR") conference with the Honorable Marian Blank Horn. In an order dated February 22, 2006, Judge Horn determined that ADR would not be appropriate in this case at this time. (j) Trial This case must be decided on the administrative record. Demutiis v. United States, 48 Fed. Cl. 81, 86-87 (2000), aff'd as modified by 291 F.3d 1373 (Fed. Cir. 2002). (k) Electronic Case Management The parties are unaware of any special issues regarding electronic case management needs at this time. (l) Additional Information There is no additional information of which the Court should be aware at this time.

-4-

Case 1:05-cv-01236-LMB

Document 14

Filed 03/10/2006

Page 5 of 7

Proposed Discovery Plan This case must be decided on the administrative record. Demutiis, 48 Fed. Cl. at 86-87. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/William M. Beasley/rmp WILLIAM M. BEASLEY Phelps Dunbar, LLP Seventh Floor, One Mississippi Plaza 201 South Spring Street Post Office Box 1220 Tupelo, MS 38802-1220 Tel: (662) 842-7907 Fax: (662) 842-3873 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) 307-1011 Fax: (202) 307-0972

-5-

Case 1:05-cv-01236-LMB

Document 14

Filed 03/10/2006

Page 6 of 7

Of 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 Attorney for Plaintiff March 9, 2006 Attorneys for Defendant

-6-

Case 1:05-cv-01236-LMB

Document 14

Filed 03/10/2006

Page 7 of 7

CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 10th day of March, 2006, a copy of the foregoing "JOINT PRELIMINARY 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