Free Stipulation - District Court of Federal Claims - federal

Case 1:05-cv-00776-MMS

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Filed 02/08/2008

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

No. 05-776C (Judge Sweeney)

JOINT STIPULATION FOR DISMISSAL OF COUNT II AND LIMITATION OF DISCOVERY The parties hereby agree and stipulate as follows: 1. The plaintiffs will no longer pursue their respective claims seeking compensation

for the quarantines that the United States Department of Agriculture instituted on their real property, which are currently plead in Count II of plaintiffs' Amended Complaint. Upon the execution of this stipulation by both parties, the parties will cause to be filed in the United States Court of Federal Claims a joint motion of dismissal of Count II of the plaintiffs' Amended Complaint and request that the Court not extend the discovery in this case beyond February 29, 2008. 2. Ag-Innovations will produce its tax returns, as well as related accounting

information retained by its accountant, for tax years 1996-2006 by January 29, 2008. 3. Plaintiffs Larry and Linda Faillace will produce the accounting data they have

stored in their QuickBooks software programs on their computer(s) for Ag-Innovations from years 1997-2006 by February 6, 2008, the content and format of which will be negotiated and agreed by the parties. 4. Plaintiffs will make an Ag-Innovations designee available for deposition

regarding the documents or data identified above should the Government require such a

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deposition; in that case, the defendant shall provide notice of the need to conduct that deposition with sufficient time as to allow for its scheduling and to take the deposition on or before February 29, 2008. 5. Plaintiffs will make Dr. Glenn Telling available for deposition regarding his

supplemental expert report dated November 30, 2007, should the Government require such deposition; in that case, the defendant shall provide notice of the need to conduct that deposition with sufficient time as to allow for its scheduling and to take the deposition on or before February 29, 2008. 6. With respect to the plaintiffs that have joined the case as of the date of the filing

of the Amended Complaint, plaintiffs, Doreen Freeman, Skunk Hollow Farm, Inc. and Freeman Family LLC, will review their files and produce to the Government by February 12, 2008, any documents which have not already been previously provided that pertain to Counts I and III of the complaint and are responsive to the Government's first and second requests for production of documents. In addition, the plaintiffs will review their responses to the Government's first set of interrogatories that pertain to Counts I and III of the complaint to determine whether the information contained in their responses is accurate and complete and, if supplementation is required, plaintiffs will supplement their responses to any interrogatory requests by February 12, 2008. Plaintiffs shall notify the Government of their need to supplement their discovery responses on or before February 12, 2008. 7. The Government will no longer pursue any further discovery from plaintiffs other

than what has been identified in this stipulation. 8. The Government will not move to extend the discovery period beyond the current

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deadline of February 29, 2008. 9. Nothing in this stipulation modifies the parties' requirements, pursuant to Rule

26(e) or any other rule of the Court of Federal Claims, to timely supplement any discovery responses which the parties have previously provided that pertain to Counts I and III of the Amended Complaint. Nothing in this stipulation precludes the parties from mutually agreeing to engage in limited additional discovery should the need arise. Respectfully submitted,

JEFFREY S. BUCHOLTZ Assistant Attorney General

/s/ Jeanne E. Davidson 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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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: 1/31/08

Attorneys for Plaintiffs Dated: 2/5/08

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