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

Case 1:05-cv-01058-FMA

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HAL D. HICKS, f/d/b/a/ HAL D. HICKS MAIL TRANSPORTATION, ) ) ) ) ) ) ) ) ) ) )

Plaintiff, v. THE UNITED STATES, Defendant.

No. 05-1058C (Judge Allegra)

JOINT STATUS REPORT Pursuant to this Court's order dated January 25, 2007, granting the motion of Midwest Transport, Inc. ("Midwest Transport"), to intervene in this action, the parties respectfully submit the following joint status report. Plaintiff, Hal Hicks, served written discovery requests upon Midwest Transport, which, in turn, provided responses and objections to Mr. Hick's discovery. In addition, plaintiff states that it unsuccessfully attempted to serve a third-party document subpoena upon Midwest Transit, Inc. (not to be confused with intervenor, Midwest Transport, Inc.). receivership. Midwest Transit, Inc. currently is in

Plaintiff states that the documents pertain to Although discovery

the contract at issue in this litigation.

closed on March 26, 2007, plaintiff states that it is necessary to obtain the documents from Midwest Transit, Inc. in order to adequately prosecute its claims in this case. Plaintiff states

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that it has been advised that the receiver is on a two or three month vacation in Arizona. Plaintiff states that it intends to

file a motion for leave from this Court for additional time for the receiver to return to Illinois so that plaintiff can review and copy the necessary documents. Plaintiff states that it will file its motion for an enlargement of time by April 17, 2007. The Government and intervenor, Midwest Transport, believe that this case currently is ripe for dispositive motions and propose the following briefing schedule in the event that plaintiff's motion for an enlargement of time is denied: Defendant to file its dispositive motion on or before May 31, 2007. Plaintiff to file its response and any cross-motion on or before July 11, 2007. Defendant to file its reply and response to any crossmotion on or before August 10, 2007. Plaintiff to file any reply on or before August 31, 2007. Intervenor may, if it so chooses, file its own dispositive motion or other submissions the same dates that the Government files its submissions. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

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s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director

s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant

April 9, 2007

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Respectfully submitted,

JOHN F. THEIL Theil Law Firm, LLC 120 South Central Avenue Suite 1550 St. Louis, MO 63105 Tel: (314) 725-1725 Attorney for Plaintiff Dated: April 9, 2007

J. Michael Littlejohn Akerman Senterfitt Wickwire Gavin 1810 Boone Blvd., Suite 700 Vienna, Virginia 22182 Tel: (703) 790-8750 Fax: (703) 448-1801 Attorney for Intervenor

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 9th day of April 2007, a copy of the foregoing AJOINT 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/_____________________________