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

Case 1:05-cv-01232-LJB

Document 29

Filed 10/31/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DONALD BASNIGHT, et al.

Plaintiffs, v. THE UNITED STATES Defendant.

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Case No. 05-1232C (Judge Bush)

STATUS REPORT ON BEHALF OF THE PARTIES Pursuant to the Court'Order, plaintiffs respectfully submit the following status s report on behalf of the parties. Since the date of the parties' status report, the parties have finalized the last language of the settlement agreement and plaintiffs' counsel has made a formal offer of settlement. The parties believe that they would have finalized the settlement agreement by this date absent defendant'counsel'unexpected and unfortunate s s herniated disc which has kept her out of work since the date of the parties' status last report. Defendant'counsel currently does not know when she will return to work. s Plaintiffs' counsel and defendant'counsel have discussed the settlement of the s plaintiffs' claims while defendant'counsel has been out on leave. Defendant' s s counsel, from home, has arranged to have her reviewer take over the steps necessary to finalize the settlement agreement and anticipates that this can be accomplished in the next two weeks. Defendant'counsel has asked plaintiffs' s counsel to forward certain documents to her reviewer so that her reviewer can prepare the necessary

Case 1:05-cv-01232-LJB

Document 29

Filed 10/31/2006

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memorandum to obtain settlement authority. Plaintiffs' counsel will forward the requested information by facsimile today. Accordingly, the parties respectfully request that the Court continue the stay in proceedings in this case up to and including November 7, 2006 to allow the parties to finalize their settlement agreement. By or before that date, the parties will file either a stipulation of dismissal or a status report with the Court indicating the parties' progress and the necessity for further proceedings.

Respectfully submitted,

s/Molly A. Elkin MOLLY A. ELKIN Woodley & McGillivary 1125 15th Street, N.W, Suite 400 Washington, D.C. 20005 (202) 833-8855 Counsel for Plaintiffs

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Case 1:05-cv-01232-LJB

Document 29

Filed 10/31/2006

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Certificate of Service

I hereby certify that on this 31st day of October 2006, I caused to be served a copy of this " Status Report on behalf of the Parties" defendant'counsel of record on s by electronically filing this Status Report on Behalf of the Parties with the Court:

Hillary A. Stern Trial Attorney Commercial Litigation Branch Civil Division United States Department of Justice 1100 L Street, N.W. Attn: Classification Unit Eighth Floor Washington, D.C. 20530

/S/ Molly A. Elkin

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