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

Case 1:05-cv-01075-TCW

Document 55

Filed 05/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SEVENSON ENVIRONMENTAL SERVICES, INC., Plaintiff, v. THE UNITED STATES Defendant and SHAW ENVIRONMENTAL, INC., Defendant-Intervenor.

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No. 05-1075C Judge Thomas C. Wheeler

Electronically Filed on May 30, 2007 JOINT PROPOSED SCHEDULE FOR FURTHER PROCEEDINGS Pursuant to the Court's Order of April 13, 2007, plaintiff Sevenson Environmental Services, Inc. ("Sevenson"); defendant the United States (the "Government"); and defendantintervenor Shaw Environmental, Inc. ("Shaw") hereby submit this Joint Proposed Schedule for Further Proceedings. Counsel for Sevenson and the Government have conferred via telephone to discuss further proceedings, and agree that cross-motions for summary judgment are potentially dispositive of the issue of alleged infringement of Sevenson's patents at the Colonie site. The parties have identified a potentially dispositive issue with respect to the application of the Court's claim construction of March 28, 2007, to the soil remediation process used at the Colonie, New -1-

Case 1:05-cv-01075-TCW

Document 55

Filed 05/30/2007

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York FUSRAP site. Generally, the issue is whether the asserted claims as construed by the Court allow for the phosphoric acid treatment at the Colonie site to serve as a source of both sulphate anions and also phosphate anions. Therefore the parties jointly propose to proceed by the following schedule.

Proposed Schedule for Further Proceedings Summary Judgment Motions and Opening Briefs (40 pages): Summary Judgment Opposing Briefs (40 pages): Reply Briefs (20 pages): Monday, July 2, 2007 Monday, July 30, 2007 Monday, August 13, 2007

Should the Court wish to hear oral argument, the parties suggest that the Court postpone scheduling argument until after the completion of the briefing.

Respectfully submitted, Dated: May 30, 2007 __s/Brian E. Ferguson_____________ Brian E. Ferguson McDERMOTT WILL & EMERY LLP 600 13th Street, N.W. Washington, D.C. 20005 (202) 756-8000 [email protected] WEBSTER SZANYI LLP Kevin A. Szanyi Nelson Perel 1400 Liberty Building Buffalo, New York 14202 (716) 842-2800 [email protected] Attorneys for Plaintiff, Sevenson Environmental Services, Inc. -2-

Case 1:05-cv-01075-TCW

Document 55

Filed 05/30/2007

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Dated: May 30, 2007

PETER D. KEISLER Assistant Attorney General JOHN J. FARGO Director ___s/ Joshua B. Brady_____________________ JOSHUA B. BRADY Attorney Civil Division U.S. Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0285 Facsimile: (202) 307-0345 Attorneys for Defendant the United States

OF COUNSEL: Susan Mitchell Attorney U.S. Department of Justice

Dated: May 30, 2007

___s/ Russel O. Primeaux___________________ Russel O. Primeaux Kean Miller Hawthorne D'Armond McCowan & Jarman LLP One American Place, 22nd Floor Post Office Box 3513 Baton Rouge, LA 70821-3513 (225) 387-0999 [email protected] Attorney for Shaw Environmental, Inc.

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