Free ADR - Notice to Proceed - District Court of Federal Claims - federal

Case 1:05-cv-01236-LMB

Document 12

Filed 03/06/2006

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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) (cc: Judge Horn)

JOINT NOTICE TO PROCEED Pursuant to paragraph 5 of the Court's December 8, 2005 Special Procedures Order and Rule 4 of the Alternative Dispute Resolution ("ADR") Pilot Program Procedures Order, plaintiff and defendant file this joint notice to proceed. On February 22, 2006, the parties attended an ADR meeting with the Honorable Marian Blank Horn. The parties agreed that ADR would not aid the resolution of this case, and Judge Horn determined in an order issued later that day "that ADR would not be appropriate in this case at this time." The parties now request that the case proceed as provided for by the rules of this Court, and propose the following three mutually convenient alternative dates for a telephonic preliminary status conference with the Court: March 27, 28, or 29, 2006.

Case 1:05-cv-01236-LMB

Document 12

Filed 03/06/2006

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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 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 6, 2006 Attorneys for Defendant

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Case 1:05-cv-01236-LMB

Document 12

Filed 03/06/2006

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 6th day of March, 2006, a copy of the foregoing "JOINT NOTICE TO PROCEED" 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