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

Case 1:05-cv-14210-NBF

Document 98

Filed 08/11/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THOMAS C. and ANDREW D. BARTH, et al., Plaintiffs, v. THE UNITED STATES, Defendant. PORTA, et al., ) ) ) ) ) ) ) ) ) ) ) ) )

No. 05-14210C & No. 05-759C CONSOLIDATED (Judge Firestone)

JOINT STATUS REPORT ON SETTLEMENT Pursuant to the Court's August 1, 2008 Order, the plaintiffs and the United States jointly submit this status report outlining their progress toward fulfilling the terms of the settlement agreement. The United States submitted to the Judgment Fund on March 14, 2008 the required paperwork for processing of the payment of damages and the payments of attorneys fees, costs and expenses in this matter. Subsequently, the parties determined that one plaintiff had been inadvertently omitted from the settlement agreement, and executed a revised settlement agreement on April 10, 2008. The United States submitted to the Judgment Fund on April 11, 2008 the required paperwork for processing of the payment of damages for this remaining plaintiff. The parties are waiting for the Judgment Fund to process the payment for the remaining plaintiff. Judgment Fund have been made. All other payments from the

Case 1:05-cv-14210-NBF

Document 98

Filed 08/11/2008

Page 2 of 3

The Department of Homeland Security has submitted the required paperwork for processing of the back pay payments set forth in the settlement agreement to the Department of Agriculture, which handles payroll for the Department of Homeland Security. The Department of Homeland Security is currently processing the requests for refunds representing previously withheld taxes. As soon as the aforementioned processes are complete, the parties will submit the appropriate documents requesting dismissing of this matter with prejudice. Respectfully submitted,

s/ Michael J.D. Sweeney MICHAEL J.D. SWEENEY Getman Law Office 9 Paradies Lane New Paltz, NY 12561 Tel: (845) 255-9370 Fax: (845) 255-8649 Attorney for Plaintiffs

GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director s/ Maame A.F. Ewusi-Mensah MAAME A.F. EWUSI-MENSAH 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) 353-0503 Fax: (202) 514-8624

August 11, 2008

Attorneys for Defendant

Case 1:05-cv-14210-NBF

Document 98

Filed 08/11/2008

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CERTIFICATE OF FILING I hereby certify that on this 11th day of August, 2008, a copy of the foregoing "JOINT STATUS REPORT ON SETTLEMENT" 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 Court's system. s/ Maame A.F. Ewusi-Mensah MAAME A.F. EWUSI-MENSAH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Parties may access this filing through