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

Case 1:05-cv-00773-EJD

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Filed 11/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-773 T and No. 06-169 T (CONSOLIDATED) (Chief Judge Damich) ___________________________________ DAVID SUNSHINE and KELLY T. HICKEL, Plaintiffs v.

THE UNITED STATES, Defendant __________ JOINT STATUS REPORT __________ Pursuant to the Court's order dated November 6, 2007, the parties submit the following status report detailing the progress of their settlement negotiations. Counsel for Sunshine and Hickel submitted initial settlement offers to the United States on April 6, 2007, and April 9, 2007, respectively. Counsel for Sunshine submitted an alternative settlement offer on April 17, 2007. The initial settlement offers were rejected by the United States on June 14, 2007. Counsel for Hickel submitted a revised settlement offer on August 29, 2007. By letter dated September 19, 2007, counsel for the United States raised a question regarding one of the proposed terms. After counsel resolved the question through a series of telephone calls, counsel for the United States sent a letter to counsel for Hickel, dated October 3, 2007, restating the

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Case 1:05-cv-00773-EJD

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terms of Hickel's settlement offer. Counsel for Hickel countersigned the letter on October 10, 2007, indicating that the terms, as restated, were correct. Trial counsel for the United States will recommend that Hickel's revised settlement offer be accepted in combination with acceptance of the revised settlement offer by Sunshine (discussed in the next paragraph). However, until a formal acceptance is issued by an authorized official on behalf of the Attorney General, in this case the Court of Federal Claims Section Chief, there is no settlement agreement. It is anticipated that trial counsel's recommendation will be submitted to the Court of Federal Claims Section Chief for review, and that the Section Chief will complete his review by no later than December 14, 2007. Counsel for Sunshine submitted a revised settlement offer by letter dated September 7, 2007. By letter dated September 19, 2007, counsel for the United States raised a question regarding one of the proposed terms. Counsel discussed and researched the question raised in the government's September 19 letter, and were able to resolve the question with finality this week. Counsel for the United States sent a letter to counsel for Sunshine, dated November 28, 2007, restating the terms of Sunshine's settlement offer. Counsel for Sunshine countersigned the letter on November 29, 2007, indicating that the terms, as restated, were correct. Counsel for the United States will recommend that Sunshine's revised settlement offer be accepted in combination with acceptance of the revised settlement offer by Hickel. However, until a formal acceptance is issued by an authorized official on behalf of the Attorney General, in this case the Court of Federal Claims Section Chief, there is no settlement agreement. It is anticipated that trial counsel's recommendation will be submitted to the Court of Federal Claims Section Chief, and that the Section Chief will complete his review by no later than

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December 14, 2007. The parties are mindful of the Court's instruction in the November 6, 2007, order to submit a proposed revised trial preparation schedule in the event that a final settlement agreement has not been reached as of the date this status report is submitted. However, based upon the progress made in settlement negotiations since the last status conference, counsel expect that no trial will be required and therefore request that this instruction be postponed until the filing date of the next joint status report. Counsel propose that the next joint status report be submitted on or before January 4, 2008.

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Respectfully submitted,

s/Theodore Z. Gelt THEODORE Z. GELT Gelt & Grassgreen P.C. 303 East 17th Avenue, Suite 910 Denver, CO 80203 (303) 830-1200 Fax (303) 830-9400 Attorney for Plaintiff Sunshine

s/Steven R. Anderson STEVEN R. ANDERSON Anderson & Jahde, P.C. 2100 W. Littleton Blvd., #300 Littleton, CO 80120 (303) 782-0001 Fax (303) 782-0055 Attorney for Plaintiff Hickel

s/Jennifer P. Wilson JENNIFER P. WILSON Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6495 Fax (202) 514-9440 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section ROBERT J. HIGGINS Reviewer s/Steven I. Frahm Of Counsel

November 30, 2007

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