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

Case 1:05-cv-01042-CFL

Document 45

Filed 09/26/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DALLES IRRIGATION DISTRICT, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1042C (Judge Lettow)

CERTIFICATION OF MEETING OF COUNSEL Pursuant to Section 13(d) of Appendix A to the Rules of the United States Court of Federal Claims, plaintiff, The Dalles Irrigation District, and defendant, the United States, respectfully submit this certification of counsel. 1. The parties held a meeting of counsel on September 18, 2007, in Portland, Oregon,

pursuant to the two-week delay provided by this Court's scheduling order of July 30, 2007. 2. At the meeting, the parties exchanged proposed exhibit and witness lists, as well as

proposed contentions of law and fact. The parties will endeavor to agree where possible and stipulate to those facts not in dispute prior to the pretrial conference. In the same vein, the parties will also try to reach agreement as to the admissibility of their respective exhibits on a continuing basis prior to the pretrial conference. 3. The plaintiff's Memorandum of Contentions of Fact and Law should be submitted

promptly after the scheduled status conference of September 25, 2007, and the defendant's Memorandum should be submitted responsively, 21 days thereafter. 4. The parties agreed that if a government witness that was previously requested by

plaintiff is not made available by the government for trial, then the plaintiff need not make any further showing of availability.

Case 1:05-cv-01042-CFL

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Filed 09/26/2007

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5.

Defendant will file a motion to exclude the testimony of plaintiff's expert prior to

the pretrial conference of November 6, 2007. 6. Plaintiff will file a motion to depose Jerry Dinan, a retired accountant. In the event that the Court does allow plaintiff to reopen discovery, defendant may seek to depose Mike Richardson, one of plaintiff's witnesses previously disclosed to the defendant as a custodian of records. 7. The parties have not reached an agreement regarding settlement. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director s/Arden E. Shenker ARDEN E. SHENKER Shenker & Bonaparte, LLP 1500 SW 1st Avenue Portland, OR 97201 Tel: 503-294-1118 Fax: 503-294-0015 s/Armando A. Rodriguez-Feo ARMANDO RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., NW Washington, D.C. 20530 Tel: (202) 307-3390 Fax: (202) 514-8624 Attorneys for Defendant September 26, 2007

Attorney for Plaintiff

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Case 1:05-cv-01042-CFL

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CERTIFICATE OF FILING I hereby certify that on this 26th day of September, 2007, a copy of the foregoing "CERTIFICATION OF MEETING OF COUNSEL" 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. The parties may access this filing through the Court's system.

s/ Armando Rodriguez-Feo