Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-14210-NBF

Document 81

Filed 11/15/2007

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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)

DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S STATUS REPORT OUT OF TIME IN LIEU OF JOINT STATUS REPORT AND DEFENDANT'S STATUS REPORT Pursuant to the Court's order of October 9, 2007, the United States moves for leave to file this status report out of time outlining the parties' progress toward settlement. The Government seeks leave to file this status report out of time in lieu of a joint status report because the parties have been unable to submit this status report jointly. Counsel for the plaintiffs has been required to be out of the office for substantial periods of time on other matters beginning Tuesday, November 13, 2007 and largely unavailable to confer regarding the content of the joint status report. Although in the Court's order of October 9, 2007, the Court ordered the parties to submit a joint status report, because of the continued unavailability of counsel for the plaintiffs, the Government thought it best to file this status report rather than continue to delay the filing of a joint status report. Counsel for the Government was unable to reach counsel for the plaintiffs to determine whether the plaintiffs would oppose this motion. 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

Case 1:05-cv-14210-NBF

Document 81

Filed 11/15/2007

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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 Government requests that the Court continue stay the summary judgment deadline pending determination of whether the Government will accept or reject the plaintiffs' settlement offer.

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director

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Case 1:05-cv-14210-NBF

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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 November 15, 2007 Attorneys for Defendant

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Case 1:05-cv-14210-NBF

Document 81

Filed 11/15/2007

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CERTIFICATE OF FILING I hereby certify that on this 15th day of November 2007, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S STATUS REPORT OUT OF TIME IN LIEU OF JOINT STATUS REPORT AND DEFENDANT'S STATUS REPORT" 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