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

Case 1:05-cv-01042-CFL

Document 40

Filed 04/25/2007

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

No. 05-1042 (Judge Lettow)

JOINT STATUS REPORT Pursuant to the Court's oral instructions at the conclusion of the February 27, 2007 status conference, the parties respectfully submit this Joint status report. The parties agree that trial should be scheduled in Portland, Oregon, commencing on November 6, 2007. It is anticipated that the trial upon the liability issue can be concluded in four days. 1. Pre-trial Conference After counsel for the parties file their certification in accordance with Section VI, Appendix A, ¶ 13(d) of the Rules of the United States Court of Federal Claims, the parties respectfully request a conference with the Court, preferably not later than 45 days prior to the trial date, where the parties may propose to the Court appropriate trial plans to facilitate the admission of evidence and to delineate a briefing schedule for the trial issue of liability. 2. Post-trial In the event the Court directs post-trial briefing, plaintiff shall file its brief within 60 days of the conclusion of the trial. The defendant should be prepared to respond within 45 days of the service and filing of the plaintiff's post-trial brief, and the plaintiff shall have 30 days from the service and filing of the defendant's response brief to file a reply. The parties desire to have closing arguments at the conclusion of such briefing.

Case 1:05-cv-01042-CFL

Document 40

Filed 04/25/2007

Page 2 of 3

In the event the Court finds the government liable, the parties will meet to resolve appropriate damages, if any, within 60 days of the date of the Court's opinion and order on liability. The parties will inform the Court of any joint resolution. If the parties fail to agree on damages, they shall submit the matter to the Court for resolution. 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 One SW Columbia, Ste 475 Portland, OR 97258-2002 Tel: 503-294-1118 Attorney for Plaintiff April 24, 2007 s/ Armando 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 April 25, 2007

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Case 1:05-cv-01042-CFL

Document 40

Filed 04/25/2007

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CERTIFICATE OF FILING I hereby certify that on this 25th day of April, 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. The parties may access this filing through the Court's system.

s/ Armando Rodriguez-Feo