Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

Document 82

Filed 10/12/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JORGE A. DELPIN-APONTE, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1043C (Judge Wolski)

STATUS REPORT Pursuant to the Court's order dated June 12, 2007, and the parties' joint status report dated June 14, 2007, defendant, the United States, provides the following status report.1 Plaintiffs served upon the Government a Rule 30(b)(6) deposition notice on July 3, 2007. Although the parties had hoped that plaintiffs would be able to complete a Rule 30(b)(6) deposition on or before August 22, 2007, because of scheduling difficulties, the parties agreed on August 31, 2007 that the deposition would be held on November 1, 2007. Plaintiffs' counsel requested on October 5, 2007 that the deposition be postponed, but has not responded to Government counsel's proposal for a revised deposition date. Therefore, the Government proposes an amended schedule as follows: (1) On or before November 16, 2007, the parties will complete any deposition conducted pursuant to Rule 30(b)(6). (2) On or before November 30, 2007, the parties will file a joint status report indicating whether additional discovery is necessary prior to further summary judgment proceedings. In the event that the parties agree that no further The Government is filing this status report in lieu of a joint status report ("JSR") due to difficulty coordinating the preparation of a JSR with plaintiffs' counsel. For example, on October 5, 2007, plaintiffs' counsel requested that the Rule 30(b)(6) deposition, currently planned for November 1, 2007, be rescheduled. Government counsel provided to plaintiffs' counsel on October 9, 2007 a proposed alternate deposition date, and provided to plaintiffs' counsel on October 10, 2007 a draft revised JSR. However, as of 3:30 pm on October 12, 2007, plaintiffs' counsel has not indicated whether the proposed date for the deposition is acceptable, or responded to the revised draft of the JSR.
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Case 1:05-cv-01043-VJW

Document 82

Filed 10/12/2007

Page 2 of 2

discovery is necessary, the parties shall include a proposed schedule for further summary judgment proceedings. (3) In the event that the parties do not agree whether further discovery is necessary, the party seeking additional discovery shall file an appropriate motion setting forth the reason(s) that further discovery is necessary within 14 days of filing of the parties' joint status report. Any response to the motion and reply brief shall be filed in accordance with the Court's rules. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director Of Counsel: DANIEL GARRY Attorney Law Department United States Postal Service 475 L'Enfant Plaza, SW Washington, D.C. 20260 October 12, 2007 /s/ Michael Dierberg MICHAEL DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Class. Unit, 8TH Floor 1100 L Street, N.W. Washington, D.C. 20530 Attorneys for defendant

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