Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-01058-FMA

Document 25

Filed 11/07/2006

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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 POSTAL SERVICE, DEFENDANT. ) ) ) ) ) ) No. 05-1058C ) ) ) ) )

PLAINTIFF'S INDIVIDUAL STATUS REPORT COMES NOW Plaintiff, by and through his undersigned counsel, and for his Individual Status Report, states as follows: 1. On August 28, 2006, the court ordered the parties to file a joint status

report on or before October 20, 2006. 2. On October 20, 2006, defendant filed a motion to file an individual status

report in lieu of a joint status report, or alternatively, for an enlargement of time to file a joint status report. 3. On October 26, 2006, this court ordered that defendant's motion to file an

individual status report was granted and its alternative motion for an enlargement of time to file a joint status report was denied and ordered plaintiff to file a response to defendant's individual status report on or before November 7, 2006. 4. Plaintiff requests to extend the discovery cutoff up to and including

December 22, 2006 because plaintiff's counsel needs to ask this court for third-party subpoenas directed to Midwest Transport, Inc. and Midwest Transit, Inc. due their noncompliance with state court subpoenas. Plaintiff's counsel discussed this today, via

Case 1:05-cv-01058-FMA

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Filed 11/07/2006

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telephone, with opposing counsel and defendant has no objection to extend this deadline to after their November 20, 2006 date previously filed with this court until plaintiff's requested of December 22, 2006. 5. 2006. 6. Plaintiff, however, is requesting until January 31, 2006 to file his response Defendant still intends to file its dispositive motion on December 14,

and/or dispositive motion with regard to his case. Defendant has no objections to this deadline. WHEREFORE, plaintiff, Hal D. Hicks, respectfully requests that this Court grant the above dates and for such other and further relief this Court deems just and proper. 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

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Case 1:05-cv-01058-FMA

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Filed 11/07/2006

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Certificate of Service The undersigned certifies that a copy of the foregoing was electronically filed this 7 day of November, 2006, and served on the following counsel of record via electronic filing:
th

Richard P. Schroeder, Trial Attorney Peter D. Keisler, Asst. Attorney General David M. Cohen, Director Mark A. Melnick, Asst. Director U. S. Department of Justice Civil Division ­ Commercial Lit. Branch 1100 L. Street, NW 8th Floor Washington, DC 20530 202-616-8253 202-307-0972 fax [email protected] Attorneys for Defendant

_/s/John F. Theil____________________

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