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

Case 1:05-cv-01185-MCW

Document 23

Filed 01/03/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS GARY NOLAN, et. al, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1185C (Judge Williams)

JOINT STATUS REPORT AND MOTION TO ENLARGE STAY Pursuant to the Court's order dated November 21, 2006, the parties respectfully submit the following joint status report and request that the Court enlarge the stay in this case for an additional 60 days, through and including March 5, 2007, to afford the parties time to execute a settlement agreement, for the Government to process payment of the settlement amount to plaintiffs, and for the parties to file a joint stipulation of dismissal. On November 10, 2006, plaintiffs sent the Government a revised offer to settle this case. On December 12, 2006, the authorized representative of the Attorney General granted authorization to accept plaintiffs' settlement offer. The parties thereafter drafted a settlement agreement, in which the Government agreed to pay plaintiffs a specified amount of money and plaintiffs agreed to voluntarily dismiss this action with prejudice within five business days of receiving payment. The Government has signed the settlement agreement and forwarded it to plaintiffs' counsel for signature via Federal Express. On December 26, 2006, plaintiffs' counsel indicated that he never received the Federal Express package. Accordingly, additional time is needed for the parties to execute the settlement agreement, for the Government to process payment of the settlement amount, and for the parties to file a joint stipulation of dismissal with prejudice.

Case 1:05-cv-01185-MCW

Document 23

Filed 01/03/2007

Page 2 of 2

The parties, therefore, request that the Court continue to stay proceedings in this case. The counsel for the parties propose to submit another joint status report on or before March 5, 2007, if the case is not settled by that time, setting forth the progress the parties have made in resolving this matter. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Todd M. Hughes TODD M. HUGHES Assistant Director

s/ Gregory K. McGillivary GREGORY K. MCGILLIVARY DAVID RICKSECKER Woodley & McGillivary 1125 15th Street, N.W., Suite 400 Washington, D.C. 20005 Tel: (202) 833-8855 Fax: (202) 452-1090 Attorneys for Plaintiffs

s/ Nancy M. Kim NANCY M. KIM Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-0546 Fax: (202) 514-8640 Attorneys for Defendant

January 3, 2007