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

Case 1:05-cv-00773-EJD

Document 42

Filed 08/31/2007

Page 1 of 2

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 June 22, 2007, the parties submit the following status report detailing the progress of their settlement negotiations. Counsel for Sunshine and Hickel submitted 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. On August 29, 2007, counsel for Hickel submitted a revised written settlement offer and counsel for Sunshine submitted one orally. It is anticipated that, within the next two weeks, Sunshine's counsel will commit his oral proposal to writing. Counsel for the parties anticipate that they will complete their settlement negotiations, either by reaching a settlement or 1

Case 1:05-cv-00773-EJD

Document 42

Filed 08/31/2007

Page 2 of 2

agreeing that no settlement can be reached, prior to the first trial preparation deadline identified in the Court's revised pre-trial order (November 5, 2007). Counsel propose that they file a joint status report on or before October 5, 2007, further detailing the status of settlement negotiations in this case.

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 Acting Chief, Court of Federal Claims Section ROBERT J. HIGGINS Reviewer s/Robert J. Higgins Of Counsel August 31, 2007 2