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

Case 1:05-cv-01006-VJW

Document 32

Filed 03/13/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FOREST GLEN PROPERTIES, LLC, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1006C (Judge Wolski)

JOINT STATUS REPORT Pursuant to the Court's order dated January 22, 2008, the parties report that they have begun discussions concerning a possible resolution of this matter. However, the United States believes that any voluntary resolution of the case will require a determination of whether any party entitled to relief is currently before the Court. Since the filing of the parties' last status report, plaintiff has moved to amend its complaint to add new plaintiffs. The United States is currently preparing its response to this motion, and believes that plaintiff's motion will require consideration of whether the proposed amendment is untimely (in that it adds a new plaintiff more than six years after the accrual of any claims against the United States), whether the proposed new plaintiffs are entitled to bring suit, and whether the proposed amendment cures the standing issues previously identified by the Government.

Case 1:05-cv-01006-VJW

Document 32

Filed 03/13/2008

Page 2 of 2

Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director s/Michael D. Rossi Michael D. Rossi (#0005591) GUARNIERI & SECREST, P.L.L. P.O. Box 4270 Warren, Ohio 44482 Tel. (330) 393-1584 Fax (330) 395-3831 s/ Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, DC 20530 Tel. (202) 353-0527 Fax (202) 305-2118 Attorneys for Defendant

Attorneys for Plaintiff March 13, 2008

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