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

Case 1:05-cv-00992-TCW

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Filed 05/18/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) ROBERT AND DIANE ALLISON, individually and on behalf of all others similarly situated,

Case No. 05-992L Judge Thomas C. Wheeler

JOINT STATUS REPORT Plaintiffs, Robert and Diane Allison, et al., and Defendant, the United States of America, by and through their respective counsel, submit this Joint Status Report pursuant to the Court's Order filed on May 4, 2006. A. CASE STATUS

Plaintiffs filed this Rails-to-Trails takings case on September 13, 2005. The Court granted class certification in its Order filed on May 4, 2006, ordering counsel to agree on the substance of Notice and a deadline date for opt-in class members, as well as to file this Joint Status Report by May 18, 2006, and include the agreed-to Notice and schedule for further proceedings. Accordingly, the parties' counsel include the agreed-to Notice (Ex. A), an abbreviated Notice for publication (Ex. B), and an Entry of Appearance form (Ex. C), and propose the following schedule: B. CLASS CERTIFICATION NOTICE, CHALLENGE, AND OPT-IN SCHEDULE

Plaintiffs' class counsel shall: Serve Owner List/File Affidavit of Service Mail Notice to known addressees Publish Notice File Affidavit of Completed Notice Opt-in Cut-off Date/Serve Claims Book

June 16, 2006 June 23, 2006 July 28, 2006 August 04, 2006 October 02, 2006

Case 1:05-cv-00992-TCW

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The parties shall: Informally resolve disputes concerning potential class member eligibility1/ Status conference C. OTHER

February 05, 2007

Court's convenience

Counsel for the parties have conferred concerning the contents of this report, and Plaintiffs' counsel has authorized Defense counsel to sign this report on her behalf.

Dated: May 18, 2006

Respectfully submitted, SUE ELLEN WOOLDRIDGE Assistant Attorney General United States Department of Justice Environment and Natural Resources Division

s/ HelenAnne Listerman HELENANNE LISTERMAN Natural Resources Section Environment and Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 Telephone: 202-305-0239 Fax: 202-305-0506 Email: [email protected] Of Counsel: Evelyn Kitay Surface Transportation Board Office of General Counsel 1925 K Street, N.W. Suite 600 Washington, D.C. 20423

1/

The parties request that they be allowed an opportunity to resolve ownership challenges informally in a cost-efficient process akin to discovery meet-and-confer, with the option for Court intervention should they reach an impasse.

Case 1:05-cv-00992-TCW

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Filed 05/18/2006

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s/ Deborah B. McIlhenny by s/ HelenAnne Listerman Deborah B. McIlhenny, KS #18721 Admitted to practice COFC, 10.01.2003 Mark B. Hutton, KS #10112 Admitted to practice COFC, 10.17.1990 HUTTON & HUTTON LAW FIRM, L.L.C. P.O.B. 638 8100 E. 22nd St. North, Building 1200 Wichita, KS 67201-0638 316.688.1166 (t) / 316.686.1077 (f) [email protected] With Larry D. Toomey, KS #11959 Terry C. Pilgreen, KS #09306 TOOMEY PILGREEN, L.L.C. O'Rourke Title Bldg., Second Floor 229 E. William Wichita, KS 67202 316.264.3700 (t) / 316.264.3898 (f) [email protected] Plaintiffs' Class Counsel