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

Case 1:05-cv-01185-MCW

Document 17

Filed 07/10/2006

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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 Pursuant to the Court's order dated June 1, 2006, the parties respectfully submit the following status report. On May 25, 2006, plaintiffs forwarded a settlement offer to the undersigned counsel for defendant. The undersigned counsel consulted with the interested agency to determine whether the agency would recommend acceptance of this offer. On June 13, 2006, agency counsel informed the undersigned counsel that plaintiff, Gary Nolan, was paid $5,357.94 in August 2004 pursuant to a settlement agreement between the Department of Homeland Security and the American Federation of Government Employees. Agency counsel is currently attempting to obtain further information as to what this amount specifically represents and to obtain this information for the other plaintiffs as well. Agency counsel has been having difficulty obtaining this information because the Federal Protective Service was formerly part of the General Services Administration ("GSA"). Counsel for plaintiffs has confirmed that Mr. Nolan did receive the $5,357.94 check. The parties believe that it is necessary to obtain further information about what this amount represents in order to continue settlement discussions. The parties, therefore, request that the Court continue to stay proceedings in this case. The counsel for the parties propose to

Case 1:05-cv-01185-MCW

Document 17

Filed 07/10/2006

Page 2 of 2

submit another joint status report on or before September 8, 2006, 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 Associate Director

s/ David Ricksecker 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

July 10, 2006