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

Case 1:05-cv-14210-NBF

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Filed 09/12/2008

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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 Pursuant to the Court's August 13, 2008 Order, the plaintiffs and the United States jointly submit this status report outlining their progress toward fulfilling the terms of the settlement agreement. All payments from the Judgment Fund (for damages, attorneys fees, costs and expenses) have been made. All payments from the Department of Homeland Security for the back pay payments set forth in the settlement agreement have been made. All payments from the Department of Homeland Security to current employees for refunds representing previously withheld taxes have been made. The agency has also requested checks for

these refunds for those two plaintiffs who are not current employees. These processing of these checks by the Department of

Agriculture National Finance Center has been delayed due to the recent hurricane in New Orleans, Louisiana, but is expected to be

Case 1:05-cv-14210-NBF

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completed shortly. As soon as the defendant has received and forwarded these two checks to counsel for the plaintiffs, 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 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) 514-8640 Attorneys for Defendant

September 12, 2008

Case 1:05-cv-14210-NBF

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CERTIFICATE OF SERVICE I hereby certify that on this 12th day of September, 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