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

Case 1:05-cv-01058-FMA

Document 31

Filed 01/05/2007

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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 December 8, 2006, the parties respectfully submit the following joint status report. Fact discovery in this matter closed on December 22, 2006. However, plaintiff will shortly be seeking an enlargement of time, until 60 days after the Court decides the pending motion to intervene, to conduct further fact discovery on the party seeking intervention. The proposed discovery will either be by third

party subpoena or requests for production, depending on the Court's ruling on the Motion to Intervene. It is the Government's position that the next procedural step in this case should the filing of dispositive motions. However, the Government does not object to the enlargement of time proposed by plaintiff. The parties propose to set forth a proposed summary judgment briefing schedule in a status report to be filed either after the close of fact discovery or, in the event that the Court denies

Case 1:05-cv-01058-FMA

Document 31

Filed 01/05/2007

Page 2 of 3

plaintiff's request for an enlargement of the discovery deadline, after the Court has decided the motion to intervene. Respectfully submitted, THEIL LAW FIRM, L.L.C. By:_/s/John F. Theil__________ John F. Theil, #109820 120 S. Central, Suite 1550 St. Louis, MO 63105 314-725-1725 314-725-5754 (Fax) [email protected] Attorney for Plaintiff and PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Brian M. Simkin by Steven J. Gillingham 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 January 5, 2007

Case 1:05-cv-01058-FMA

Document 31

Filed 01/05/2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 5th day of January 2007, 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/John F. Theil__________________