Free Motion to Stay - District Court of Federal Claims - federal

Case 1:05-cv-00773-EJD

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Filed 10/26/2007

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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 AND MOTION FOR SUSPENSION OF PROCEEDINGS __________ Pursuant to the Court's order dated September 19, 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. However, counsel for the parties continued to engage in settlement negotiations. 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 1

Case 1:05-cv-00773-EJD

Document 44

Filed 10/26/2007

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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 within three weeks, and that the Section Chief will complete his review within one week. 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 are continuing to discuss and research the question raised in the government's September 19 letter, and expect that they will be able to resolve the question within three weeks. Although the answer to this question will impact one of the terms of Sunshine's offer, trial counsel for the United States is nonetheless confident that she 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 for review within three weeks, and that the Section Chief will complete his review within one week.

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Case 1:05-cv-00773-EJD

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The anticipated time required for the parties to complete the settlement process described in the preceding paragraphs is four weeks from the filing date of this status report, or November 26, 2007. According to the Court's revised pre-trial order, dated June 22, 2007, plaintiffs are scheduled to serve their Joint Proposed Findings of Fact in addition to other documents on or before November 5, 2007. In order to allow the ongoing settlement process to be completed, counsel request that the Court suspend further proceedings pending resolution of the settlement process.

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Case 1:05-cv-00773-EJD

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Filed 10/26/2007

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In addition, counsel propose that they submit a status report on or before November 26, 2007, detailing the progress of their settlement negotiations.

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

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/Jennifer P. Wilson Of Counsel

October 26, 2007

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