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

Case 1:05-cv-01115-LJB

Document 12

Filed 09/19/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

MICHAEL F. SCHMIDT, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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Case No. 05-1115C (Judge Lynn J. Bush)

JOINT STATUS REPORT Pursuant to the Order issued by the Court on February 22, 2006, plaintiff and defendant respectfully submit the following joint status report: 1. On June 28, 2006, the parties entered into a partial settlement agreement resolving

certain claims in this case as set forth in their Stipulation of Partial Dismissal ("Stipulation") filed herein on June 28, 2006. As set forth in the Stipulation, the partial settlement agreement does not cover plaintiff's claim under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., for the time solely spent driving a Government vehicle between home and work. 2. The parties further propose that proceedings relating to liability for time spent driving

a Government-owned vehicle between home and work be deferred pending disposition of the appeal that plaintiffs filed from the Court's April 27, 2005 decision dismissing the home-to-work driving claims of certain plaintiffs in Adams v. United States, No. 90-162C (Fed. Cl.). The appeal was docketed by the United States Court of Appeals for the Federal Circuit on December 28, 2005 as Stephen S. Adams, et al. v. United States, Case Nos. 06-5040 and 06-5041.

Case 1:05-cv-01115-LJB

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Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

s/Jules Bernstein JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202) 296-7220

s/David M. Cohen DAVID M. COHEN Director

EDGAR N. JAMES James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiffs Dated: September 19, 2006

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-7561 Fax: (202) 305-7643 Attorneys for Defendant Dated: September 19, 2006 Filed Electronically with the consent of Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 19th day of September 2006, a copy of the foregoing "JOINT 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/Jules Bernstein