Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00776-MMS

Document 76

Filed 08/08/2008

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1IN THE UNITED STATES COURT OF FEDERAL CLAIMS AG-INNOVATIONS, INC., et el. Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-776C (Judge Sweeney)

JOINT STATUS REPORT Pursuant to the Court's order dated July 1, 2008, the parties respectfully submit this joint status report. The parties have conferred concerning the scheduling of further proceedings in this case. For the reasons set out below, the parties jointly propose that plaintiffs file dispositive and related motions on or before November 14, 2008, and that defendant respond and file its own dispositive and related motions on or before December 12, 2008. Defendant's Position: Defendant proposes to file a motion to dismiss and/or motion for summary judgment in this matter on or before December 12, 2008. The parties have conducted 30 depositions in this case and have exchanged approximately 30,000 pages of documents. In addition to attending to other matters before this Court and the Court of Appeals for the Federal Circuit, defendant's counsel anticipates spending the time between mid-August through midDecember 2008 reviewing the significant record in this case and analyzing the legal positions of the parties in order to develop and support the Government's dispositive motions. The parties raised numerous highly technical scientific issues during discovery, and the Government requires substantial time to understand the significance of these issues in light of the legal issues it anticipates that the parties will be required to address in their briefs. Defendant anticipates that, if the Court is unable to resolve this matter based upon the Government's motion to dismiss

Case 1:05-cv-00776-MMS

Document 76

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and/or summary judgment and the plaintiffs' possible cross-motions, the parties will proceed to trial. Plaintiffs' Position: Plaintiffs also intend to file certain pre-trial motions, including a motion for summary judgment and a Daubert motion to exclude certain tests relied upon by the Government. While plaintiffs regret the lengthy delay proposed by the Government, plaintiffs agreed to the Government's briefing schedule and further proposed that their own deadline be a month earlier in order to move things along. Respectfully submitted,

GREGORY G. KATSAS Assistant Attorney General /s/ Jeanne E. Davidson by Todd M. Hughes JEANNE E. DAVIDSON Director

/s/ Jonathan L. Abram JONATHAN L. ABRAM Hogan & Hartson, L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004 Tele: (202) 637-5681 Facsimile: (202) 637-5910

/s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-8278 Facsimile: (202) 514-8624

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Case 1:05-cv-00776-MMS

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OF COUNSEL: RAYMOND S. CALAMARO KEVIN S. WILLEN Hogan & Hartson, L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20005 Tele: (202) 637-5600 Facsimile: (202) 637-5910

OF COUNSEL: ROBERT CHANDLER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 DARLENE BOLINGER Department of Agriculture 12th & Independence Ave., SE Washington, D.C. 20250 Attorneys for Defendant Dated: 8/8/08

Attorneys for Plaintiffs Dated: 8/8/08

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Case 1:05-cv-00776-MMS

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Filed 08/08/2008

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CERTIFICATE OF FILING I hereby certify that on AUGUST 8, 2008, a copy of "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 through the Court's system.

/s/ Sheryl L. Floyd