Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00776-MMS

Document 71

Filed 02/15/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) AG-INNOVATIONS, INC., LARRY FAILLACE ) LINDA FAILLACE, HOUGTON FREEMAN, ) DOREEN FREEMAN, SKUNK HOLLOW ) FARM, INC., & FREEMAN FAMILY LLC, ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) )

No. 05-776-C (Judge Sweeney)

JOINT STATUS REPORT The parties respectfully submit this joint status report pursuant to the Court's Order, dated February 11, 2008, to advise the Court as to how the joint motion and stipulation dismissing Count II and limiting discovery impact the pending Defendant Motion for Protective Order and Plaintiffs Cross-Motion to Compel. With respect to the scope of the remaining dispute, both parties agree that the following 30(b)(6) topics are either moot or no longer necessary: Topic ## 5, 7, and 8.1/ In addition, Plaintiffs accept the Government's retrospective designations as to Topic ## 9 and 13, described in Defendant's Corrected Response to Plaintiffs' Revised Rule 30(b)(6) Notice of Deposition of the USDA, dated July 24, 2007. The remaining topics, 2, 3, 11, 12, 14, and 20, are still in dispute. With respect to the impact of the scheduled close of discovery on February 29, 2008, both parties agree that any remaining depositions required as a result of the Court's ruling on the pending motions may be taken after the close of discovery.
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/ Topic numbers are as used in Plaintiffs Revised Rule 30(b)(6) Notice of Deposition of the USDA (June 28, 2007), the same numbering used in the pending motions to compel and for a protective order. 1

Case 1:05-cv-00776-MMS

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Respectfully submitted, By: /s/ Jonathan L. Abram by A.L.C. (Amy L. Collen) 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 JEFFREY S. BUCHOLTZ Acting Assistant Attorney General /s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

OF COUNSEL: RAYMOND S. CALAMARO KEVIN S. WILLEN Hogan & Hartson, L.L.P. 555 Thirteenth Street, N.W. 20004 Tele: (202) 637-5600 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

Attorneys for Plaintiffs February 15, 2008

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Case 1:05-cv-00776-MMS

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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 Dated: February 15, 2008

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Case 1:05-cv-00776-MMS

Document 71

Filed 02/15/2008

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CERTIFICATE OF FILING The undersigned certifies under penalty of perjury that on this 15th day of February, 2008, I caused a true and correct copy of the foregoing Joint Status Report to be filed with the Court. A copy will be served on all parties via the Court's electronic filing system.

/s/ Sheryl L. Floyd

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