Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-14210-NBF

Document 82

Filed 11/16/2007

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

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

JOINT STATUS REPORT ON SETTLEMENT Pursuant to the Court's order of October 9, 2007, the plaintiffs and the United States jointly submit this status report outlining our progress toward settlement. The parties were unable to confer and submit this status report November 13, 2007 because counsel for the plaintiffs has been required to be out of the office on other matters. When the parties filed their joint motion to stay on October 5, 2007, the plaintiffs had submitted an offer to settle their claims, and counsel for the Government had reviewed the offer and was preparing a recommendation to those within the United States Department of Justice with settlement authority. Before Government counsel submitted her recommendation, certain issues arose regarding the details of plaintiffs' offer. Government counsel is conferring with counsel for the plaintiffs regarding these issues. As soon as these issues are resolved, Government counsel will submit her recommendation to those within the Department of Justice who possess settlement authority. Accordingly, the parties request that the Court continue to stay the summary judgment deadline pending determination of whether the Government will accept

Case 1:05-cv-14210-NBF

Document 82

Filed 11/16/2007

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or reject the plaintiffs' settlement offer.

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

PETER D. KEISLER 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

Attorney for Plaintiffs

November 16, 2007

Attorneys for Defendant

2

Case 1:05-cv-14210-NBF

Document 82

Filed 11/16/2007

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CERTIFICATE OF FILING I hereby certify that on this 16th day of November 2007, 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. Parties may access this filing through the Court's system.

s/ Maame A.F. Ewusi-Mensah