Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-01065-CFL

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John Randall Jefferies (No. 011542) FENNEMORE CRAIG, P.C. 3003 North Central Avenue Suite 2600 Phoenix, AZ 85012-2913 Telephone: (602) 916-5000 Facsimile: (602) 916-5513 Email: [email protected] Attorneys for C.S. McCrossan, Inc.

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FENNEMORE CRAIG, P.C.
P HOENIX

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

C.S. MCCROSSAN, INC. v.

No. 05-1065C C.S. MCCROSSAN'S STATUS REPORT

THE UNITED STATES; acting by and through the DEPARTMENT OF TRANSPORTATION and THE FEDERAL HIGHWAY ADMINISTRATION

Plaintiff C.S. McCrossan ("McCrossan") respectfully submits the following status report. In the parties' status report dated

March 13, 2008, the United States advised the Court that its trial attorney had completed a settlement memorandum for

consideration by the Attorney General's designated representative and proposed that the Court order that the parties to submit another status report on April 11, 2008. This request came after

the United States made an identical report and proposal in the parties' status report dated February 11, 2008. As of the date of this report, the settlement memorandum is still being reviewed by officials at the Department of Justice. Thus, the United States has been unable to finalize settlement

Case 1:05-cv-01065-CFL

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Filed 04/11/2008

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despite

the

fact

that settle

the its

parties claims

reached against

an the

agreement United

that

McCrossan

would

States

approximately one year ago at the end of April 2007. The United States' ongoing delays are well-documented and set forth in McCrossan's Motion to Compel Settlement, filed

November 2007.

The United States should not be permitted to

continue in such dilatory conduct without being held accountable for its delays. McCrossan respectfully requests that the Court set a date, preferably before the end of April 2008, by which the United States is required to approve or reject the settlement

memorandum, one way or the other.

McCrossan also respectfully

requests that failure to comply with the referenced deadline to approve or reject the settlement memorandum would result in

sanctions against the United States. DATED this 11th day of April, 2008. FENNEMORE CRAIG, P.C.

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FENNEMORE CRAIG, P.C.
P HOENIX

s/ John Randall Jefferies John Randall Jefferies Attorneys for C.S. McCrossan, Inc.

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FENNEMORE CRAIG, P.C.
P HOENIX

CERTIFICATE OF SERVICE I hereby certify that on April 11, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Roger A. Hipp Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 [email protected]

s/ John Randall Jefferies

2052372.2

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