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

Case 1:05-cv-00751-NBF

Document 32

Filed 12/19/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CINCINNATI INSURANCE COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-751C (Judge Firestone)

JOINT STATUS REPORT On October 23, 2007, this Court ordered the parties to submit, by December 21, 2007, a joint status report discussing the impact of the decision in National American Insurance Company v. United States, 498 F.3d 1301 (Fed. Cir. 2007) ("NAICO"), upon this case and proposing the next steps in this litigation. The parties have discussed the Court's Order and respectfully submit this report in response. At the time the parties filed their status report dated October 22, 2007, the time for the Government to seek further review of the decision in NAICO had not yet passed. We advised the Court at that time that, absent further review, the decision in NAICO would resolve the contention raised by the Government and rejected by this Court in its opinion dated June 2, 2006, that payment bond sureties may not maintain claims for reimbursement in this Court. The time for review has now passed and NAICO resolves a significant issue in this case. Recently, the parties have engaged in discussions intended to reach an amicable resolution of the issues that remain in this case. Based upon those discussions, plaintiff has made an offer of settlement that defendant's counsel has forwarded to the U.S. Army Corps of Engineers ("Corps") for consideration. Following receipt of a recommendation from the Corps, defendant's counsel will make a recommendation regarding the offer to the Authorized

Case 1:05-cv-00751-NBF

Document 32

Filed 12/19/2007

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Representative of the Attorney General. If accepted, that offer would fully resolve this case without further litigation. The parties propose that the Court continue the stay of proceedings currently in effect until February 1, 2008, to allow the Government to consider plaintiff's settlement offer, and, if that offer is accepted, to complete the steps necessary to resolve this case without further litigation. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

s/ G. Bruce Stigger G. BRUCE STIGGER Alber Crafton, PSC Hurstbourne Place, Suite 1300 9300 Shelbyville, Road Louisville, KY 40222 Tele: (502) 815-5000 Fax: (502) 815-5005 Attorney for Plaintiff

s/ Kirk T. Manhardt KIRK T. MANHARDT Assistant Director Commercial Litigation Branch Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 353-0541 Fax: (202) 514-8640 Attorneys for Defendant

December 19, 2007

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Case 1:05-cv-00751-NBF

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Filed 12/19/2007

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CERTIFICATE OF FILING I hereby certify that on December 19, 2007, a copy of foregoing "JOINT STATUS REPORT" was filed electronically. 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/Kirk T. Manhardt Kirk T. Manhardt