Free ADR Motion to Schedule an ENE - District Court of Federal Claims - federal

Case 1:05-cv-00781-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

HUBERT BASFORD, ROXANNE BASFORD, and BEAR MOUNTAIN CONTRACTING Plaintiffs, v. THE UNITED STATES Defendant.

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No. 05-781C (Judge Baskir)

JOINT MOTION TO SCHEDULE CONFERENCE REGARDING ADR As the parties indicated in their JPSR, filed on January 17, 2006, the parties have agreed to engage in an Alternative Dispute Resolution process to explore the possibility of settling this litigation. To that end, we jointly request a conference call with the assigned ADR judge (Judge Bruggink) to establish a schedule and the procedures to conduct this ADR effort. The parties respectfully request the conference call with the ADR judge be held within the next three weeks, assuming the ADR judge's schedule permits. The parties have agreed to complete the exchange of core documents and initial disclosures pursuant to RCFC 26 before conducting

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any ADR discussions. The parties were hopeful that the ADR discussions themselves could be conducted sometime in the period of mid-March through April 2006, assuming the ADR judge's schedule permits. In the event that the ADR discussions do not result in a settlement, the parties would then resume full discovery and litigation of this case in accordance with the schedule proposed in our JPSR. In addition to filing of this motion, the parties will provide a copy of this motion, the complaint, answer, and JPSR to the assigned ADR judge. Respectfully submitted, ROBERT D. McCALLUM, JR. Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director Of Counsel: JENNIFER NEWBOLD Office of General Counsel United States Department of Agriculture Missoula, Montana s/Bryant G. Snee BRYANT G. SNEE Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street Washington, D.C. 20530 Tele: (202) 616-0315 Attorneys for Defendant

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s/Quentin M. Rhoades Quentin M. Rhoades Sullivan, Tabaracci & Rhoades, P.C. 1821 South Ave. W.- 3rd Floor Missoula, Montana 59801 (406) 721-9700 telephone (406) 721-5838 facsimile Attorneys for Plaintiffs February 8, 2006

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CERTIFICATE OF FILING I hereby certify that on February 8, 2006, a copy of the foregoing "JOINT MOTION TO SCHEDULE CONFERENCE REGARDING ADR" 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/ Bryant G. Snee BRYANT G. SNEE