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

Case 1:05-cv-01029-MCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CALIFORNIA HUMAN DEVELOPMENT CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1029C (Judge Williams)

JOINT PRELIMINARY STATUS REPORT Pursuant to Appendix A of the Rules of the United States Court of Federal Claims ("RCFC"), plaintiffs and defendant respectfully submit the following joint preliminary status report: a. Jurisdiction

Plaintiff states that this Court has jurisdiction to consider and decide this action pursuant to 28 U.S.C. § 1491(a)(1), 28 U.S.C. § 1491(a)(2), and 28 U.S.C. § 1346(a)(2). Defendant is not aware of a basis upon which to challenge the Court's jurisdiction at this time. b. Consolidation

The parties agree that this case should not be consolidated with any other case. c. Bifurcation

Plaintiff states that trial of liability and damages should not be bifurcated. Defendant states that trial of liability and

damages should be bifurcated.

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d.

Deferral

The parties agree that further proceedings in this case should not be deferred pending consideration of another case before this Court or any other tribunal. e. Remand/Suspension

The parties agree that no remand or suspension will be sought. f. Joinder

At this time, the parties do not believe that additional parties will need to be joined. g. Dispositive Motions

One or both parties may move for dismissal pursuant to RCFC 12, or for summary judgment pursuant to RCFC 56. h. Relevant Issues 1. Whether the parties entered into an enforceable

express or implied-in-fact agreement in which defendant "agreed to pay all construction and related costs if CHDC relinquished the Head Start ("HS") and Early Head Start ("EHS") Programs." 2. Whether the parties entered into an enforceable

express or implied-in-fact agreement in which defendant agreed "that all reasonable and necessary costs would be fairly negotiated and paid, and that all issues relating to the transfer of title, license, leases, liens claims and

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other transfer costs would be negotiated and resolved in the ordinary course." 3. Whether defendant properly denied plaintiff its

claimed costs and values related to the transfer of title, licenses, leases, liens claims, and other alleged transfer costs in connection with plaintiff's alleged agreement to relinquish its HS and EHS programs and to transfer its property and rights and interests in property to defendant. 4. Whether defendant is liable to plaintiff for

non-tort damages for breach of contract claims for the cost of, or values in, the transfer of title, licenses, lease, liens claims, and other alleged transfer costs in connection with plaintiff's alleged agreement to relinquish its HS and EHS programs and to transfer its property and rights and interests in property to defendant. 5. Whether defendant breached any of the agreements

plaintiff alleges, and whether plaintiff suffered any injury from the alleged breach or breaches. i. Settlement

The parties anticipate ongoing consideration of settlement prior to and during the discovery period. alternative dispute resolution. Plaintiff requests

Defendant agrees to consider the

possibility of alternative dispute resolution prior to and during the discovery period, and prior to trial.

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j.

Trial

As stated above, one or both parties may move for dismissal pursuant to RCFC 12, or summary judgment pursuant to RCFC 56. dispositive motions are not submitted, or if they are not completely dispositive of this action, the parties anticipate proceeding to trial. scheduling. The parties do not request expedited trial If

At this time, the parties anticipate that trial

would take place in San Francisco, California. k. Electronic Case Management

The parties have no special issues regarding electronic case management needs. l. Additional Information

There is no additional information of which the Court should be aware at this time. m. Proposed Discovery Plan

The parties intend to conduct simultaneous discovery through interrogatories, requests for admission, requests for production of documents, and depositions. discovery schedule: Exchange of Initial Disclosures: Close of Fact Discovery: Disclosure of Expert Witnesses: June 19, 2006 March 16, 2007 April 20, 2007 The parties propose the following

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Respectfully submitted, s/ Steven D. Cundra STEVEN D. CUNDRA Hall, Estill, et al. 1120 20th Street, N.W. Suite 700, North Building Washington, D.C. 20036 Tel: (202) 973-1200 Fax: (202) 973-1212 Attorney for Plaintiff s/ Jeffrey S. Pease JEFFREY S. PEASE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 307-1011 Fax: (202) 514-8624 Attorneys for Defendant March 31, 2006 PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Bryant G. Snee BRYANT G. SNEE Assistant Director

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CERTIFICATE OF FILING I hereby certify that on this 31st day of March 2006, a copy of the foregoing "JOINT PRELIMINARY 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. system. Parties may access this filing through the Court's

s/ Jeffrey S. Pease