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

Case 1:05-cv-14210-NBF

Document 39

Filed 11/07/2006

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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 In accordance with the Court's order dated May 24, 2006, the parties file this joint status report with regard to the "next steps in the litigation." As stated in defendant's unopposed

motion for an enlargement of time filed on October 26, 2006, the parties continue to attempt to complete discovery in this case, and in the related case of Moreno v. United States, No. 05-142 (Fed. Cl.). To that end, plaintiffs' counsel deposed Wayne On

Coleman on November 2, 2006, and November 3, 2006.

November 2, 2006, by electronic mail, and on November 3, 2006, in person, defendant's counsel provided to plaintiffs' counsel additional recently-discovered non-privileged responsive documents, as well as a draft proposed joint stipulation of fact and law. As a result, the next appropriate steps in this case

are for the parties to continue to work diligently to resolve discovery disputes and complete discovery on liability by

Case 1:05-cv-14210-NBF

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Filed 11/07/2006

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December 1, 2006, or to request additional time, or assistance from the Court, as necessary. Respectfully submitted, s/ Michael J.D. Sweeney MICHAEL J.D. SWEENEY The Getman Law Office 9 Paradies Lane New Paltz, NY 12561 Tel: (845) 255-9370 Fax: (845) 255-8649 Attorney for Plaintiffs PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Jeffrey S. Pease JEFFREY S. PEASE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 353-7991 Fax: (202) 514-8624 November 7, 2006 Attorneys for Defendant

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Case 1:05-cv-14210-NBF

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Filed 11/07/2006

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CERTIFICATE OF FILING I hereby certify that on this 7th day of November 2006, a copy of the foregoing "JOINT 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. system. Parties may access this filing through the Court's

s/ Jeffrey S. Pease