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

Case 1:05-cv-00840-MMS

Document 73

Filed 05/31/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FISHERMAN'S HARVEST, INC., et al., Plaintiffs, v. THE UNITED STATES, Defendant, v. WEEKS MARINE, INC., Intervenor-Defendant. § § § § § § § § § § § § § § §

NO. 05 -840 C and NO. 05-1044 C (CONSOLIDATED) (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to this Court's Order dated February 28, 2007, the parties respectfully submit this Joint Status Report. The parties have exchanged written discovery and have produced over 43,000 pages of documents. The parties anticipate the filing of additional written discovery. The parties have also been diligent in conducting depositions. Thus far, ten (10) fact witnesses have been deposed. United States Army Corps of Engineers witnesses were deposed in Galveston, Texas on February 12, 13, and 14, 2007. The Plaintiffs were deposed in Houston, Texas, on February 21, 22, March 12, 13, and April 10, 2007. Weeks Marine's witnesses were deposed in New Orleans,

Louisiana, on May 15 and 16, 2007. At this time, several fact witness depositions remain to be scheduled. In addition, all expert witnesses need to be deposed in this matter. Pursuant to this Court's February 28, 2007 Order, the parties propose the following schedule for discovery: Plaintiffs believe fact discovery should be completed by July 2, 2007. Intervenor-Defendant and the United States believe fact discovery should be completed by July 31, 2007. Plaintiffs believe that all parties should disclose their expert witnesses by August 8, 2007. In the alternative, Plaintiffs believe Intervenor-Defendant and the United States should disclose their

Case 1:05-cv-00840-MMS

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expert witnesses no later than August 15, 2007. IntervenorDefendant and the United States believe Plaintiffs should disclose their expert witnesses by August 15, 2007, and Defendants should disclose their expert witnesses by September 15, 2007. Plaintiffs believe all parties should offer their expert witnesses for deposition by September 10, 2007. Intervenor-Defendant and the United States believe Plaintiffs should offer their expert witnesses for deposition by September 30, 2007 and Defendants should offer their expert witnesses for deposition by October 31, 2007. Counsel for the United States is anticipating the birth of a daughter on or around August 25, 2007, and does not believe that it will be possible to schedule expert witness depositions prior to the end of September, 2007. Plaintiffs believe all expert discovery should be completed by September 10, 2007. Intervenor-Defendant and the United States believe all expert discovery should be completed by October 31, 2007. Plaintiffs believe all discovery should be completed by September 10, 2007. Intervenor-Defendant believes all discovery should be completed by October 31, 2007. Respectfully submitted,

By: DAVID ERIC BERNSEN Southern District of Texas Bar No. 83425 Texas State Bar No. 02217500 LAW OFFICE OF DAVID E. BERNSEN, P.C. Post Office Box 822 Beaumont, Texas 77704 (409) 832-1957 (409) 832-2211 [FACSIMILE] [email protected] ATTORNEY FOR PLAINTIFFS, FISHERMAN'S HARVEST, INC., C. JOE NELSON, JR., DORIS MAE NELSON, VANESSA JO NELSON VALLEJO AND VICKIE JO NELSON SALAZAR
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AND A. MARK FAGGARD Texas State Bar No. 06772000 A. MARK FAGGARD, P.C. 550 Fannin Street, Suite 1305 Beaumont, Texas 77701 (409) 835-4300 (409) 835-4335 [FACSIMILE] [email protected] OF COUNSEL TO ATTORNEY FOR PLAINTIFFS, FISHERMAN'S HARVEST, INC., C. JOE NELSON, JR., DORIS MAE NELSON, VANESSA JO NELSON VALLEJO AND VICKIE JO NELSON SALAZAR Respectfully submitted, By: /s/ Shannon T. Nash SHANNON T. NASH TOLLESON & NASH 26510 Keith Street Spring, Texas 77373 TEL: (281) 350-3900 FAX: (281) 350-9977 ATTORNEY FOR PLAINTIFFS, CHILDRESS SEAFOOD, INC., W. F. CHILDRESS AND ALTON LEE KELLY AND PAUL W. O'FINAN Texas Bar No. 24027376 Federal ID No. 30719 9597 Jones Road #317 Houston, Texas 77065 Telephone No. (713) 202-1776 Telefacsimile No. (713) 683-1783 [email protected] OF COUNSEL TO ATTORNEY OF
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RECORD FOR CHILDRESS SEAFOOD, INC., W. F. CHILDRESS AND ALTON LEE KELLY AND A. MARK FAGGARD Texas State Bar No. 06772000 A. MARK FAGGARD, P.C. 550 Fannin Street, Suite 1305 Beaumont, Texas 77701 (409) 835-4300 (409) 835-4335 [FACSIMILE] [email protected] OF COUNSEL TO ATTORNEY OF RECORD FOR ALTON LEE KELLY AND By:/s/ Kenneth G. Engerrand_______ Kenneth G. Engerrand Texas Bar No. 06619500 Allen D. Hemphill Texas Bar No. 00796740 1177 West Loop South, Tenth Floor Houston, Texas 77027-9007 713-629-1580 713-629-5027 Fax ATTORNEYS IN CHARGE FOR WEEKS MARINE, INC. AND By:/s/ David Frank D'Alessandris David Frank D'Alessandris U.S. Department of Justice Civil Div. Commerce Litigation Br. 1100 L. Street, NW 8th Floor Washington, DC 20530 ATTORNEY FOR THE UNITED STATES

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 31, 2007, a copy of the above and 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. Parties may access this filing though the Court's system.

DAVID ERIC BERNSEN E-mail: [email protected]

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