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

Case 1:05-cv-01006-VJW

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Filed 02/27/2006

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

Plaintiff states that the Court has jurisdiction to consider and decide this action pursuant to 28 U.S.C. § 1491. 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

The parties agree that trial of liability and damages should not be bifurcated. 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.

Case 1:05-cv-01006-VJW

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e.

Remand/Suspension

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

The parties agree that no additional parties will be joined. g. Dispositive Motions

After discovery has been completed, the parties may submit cross-motions for summary judgment pursuant to RCFC 56. h. 1. Relevant Issues Whether the parties had an express written contract for the period September 12,

1999 through January 13, 2000. 2. Whether the parties had an implied contract for the period January 14, 2000

through June 30, 2000. 3. June 30, 2000. 4. Whether the Government materially breached any contract for the periods set forth Whether the parties had a quasi-contract for the period April 15, 2000 through

above or was otherwise unjustly enriched. 5. above. 6. i. The amount of damages, if any, to which plaintiff is entitled. Settlement Whether plaintiff substantially performed any contract for the periods set forth

The parties anticipate pursuing settlement negotiations on an informal basis as the litigation progresses. 2

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j.

Trial

As stated above, after discovery has been completed, the parties may submit crossmotions for summary judgment pursuant to RCFC 56. If dispositive motions are not submitted, or if they are not completely dispositive of this action, the parties anticipate proceeding to trial. The parties do not request expedited trial scheduling, and anticipate that the case may be tried within three days. The parties will advise the court as to the requested place of trial. k. Electronic Case Management

The parties have no special issue 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/or depositions. Neither party currently contemplates the need for expert witnesses. The parties propose the following discovery schedule: Exchange of Initial Disclosures Close of Fact Discovery April 3, 2006 August 31, 2006

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Case 1:05-cv-01006-VJW

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Filed 02/27/2006

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Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN 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 February 27, 2006

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