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

Case 1:05-cv-00776-MMS

Document 37

Filed 04/06/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

AG-INNOVATIONS, INC., LARRY FAILLACE, LINDA FAILLACE, and HOUGHTON FREEMAN, Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant.

No. 05-776C (Judge Sweeney)

JOINT STATUS REPORT AND REQUEST FOR STATUS CONFERENCE The parties respectfully submit this joint status report to apprise the Court of the status of discovery in this case and to request the Court to schedule a telephone conference call on April 20 or 23, 2007. Discovery has not yet concluded. Both parties agree in principle that the discovery period should be extended; however, the parties have not been able to agree upon how much additional time will be required to complete discovery or which additional witnesses the respective parties may depose. The parties have attempted to resolve these issues without the Court's involvement, but we require additional time to attempt to reach agreement and may need the Court's assistance. In the interest of moving matters along, the parties request that the Court tentatively schedule a telephone conference on either April 20 or 23, 2007, to assist them in formulating an appropriate discovery schedule. The parties will continue to work together to attempt to reach an agreement, but if they have not reached agreement by April 18, 2007, we request that the Court hold the telephone conference call as scheduled.

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Case 1:05-cv-00776-MMS

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Respectfully submitted, By: /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 PETER D. KEISLER 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 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: April 6, 2007

Attorneys for Plaintiffs

Dated: April 6, 2007

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Case 1:05-cv-00776-MMS

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CERTIFICATE OF FILING The undersigned certifies under penalty of perjury that on this 6th day of April, 2007, I caused a true and correct copy of the foregoing Joint Status Report and Request for Status Conference to be filed with the Court. 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