Free Stipulation - District Court of Federal Claims - federal

Case 1:05-cv-00708-CFL

Document 92

Filed 06/24/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SCOTT TIMBER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-708C (Judge Lettow)

OINT STIPULATIONS OF FACT 1. The Jigsaw, Whitebird, and Pigout timber sale areas are located on the Umpqua National Forest within Region 6 of the National Forest System. 2. The Forest Service awarded the Jigsaw timber sale contract, no. 087467, to Scott Timber Company ("Scott") on July 8, 1999. 3. The Forest Service awarded the Whitebird timber sale contract, no. 087475, to Scott on July 8, 1999. 4. The Forest Service awarded the Pigout timber sale contract, no. 087459, to Scott on July 8, 1999. 5. Oregon Natural Resources Council Action et al. v. U.S. Forest Service and Bureau of Land Management, CV 98-942 WD, was filed on July 8, 1998 in the U.S. District Court for the Western District of Washington, Judge William Dwyer presiding. 6. On August 26, 1999, Judge Dwyer issued an injunction prohibiting the Forest Service and the Bureau of Land Management from approving any plan of operations for or proceeding with the operation of 25 timber sales, including 1

Case 1:05-cv-00708-CFL

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Jigsaw, Whitebird, and Pigout. 7. By letter dated August 31, 1999, the Forest Service informed Scott that, in an order dated August 26, 1999, U.S. District Judge Dwyer enjoined the Forest Service from approving a plan of operations for or proceeding with the operation of the Jigsaw, Whitebird, and Pigout timber sales. The Forest Service informed Scott that, pursuant to CT6.01 ­ Interruption or Delay of Operations, the Forest Service would not approve a plan of operations for the Jigsaw, Whitebird, and Pigout timber sales. The Forest Service also informed Scott of its right to request a temporary reduction in the downpayment pursuant to CT4.222 ­ Temporary Reduction of Downpayment, if the delay continued for more than 60 consecutive days. 8. By letter dated June 11, 2002, the Forest Service informed Scott that the suspension of the Pigout timber sale was lifted. The Forest Service informed Scott that as a result of the suspension Scott lost two Normal Operating Seasons plus 61 days, from August 31, 1999 to October 31, 2001. 9. By letter dated June 9, 2003, the Forest Service informed Scott that the suspension of the Jigsaw timber sale was lifted. 10. By letter dated June 9, 2003, the Forest Service informed Scott that the suspension of the Whitebird timber sale was lifted, except for Unit 40. The Forest Service had located one red tree vole nest in Unit 40, which needed to be protected by deleting approximately 5 acres from the unit. The Forest Service informed Scott that after field review by Scott, the Forest Service would proceed with the necessary adjustments to the sale. 2

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11.

On November 9, 2004, Scott submitted three separate Contract Disputes Act ("CDA") certified claims for damages to Brenda Woodard, contracting officer for the Jigsaw, Whitebird, and Pigout timber sale contracts.

12.

Ms. Woodard received Scott's certified claims for the Jigsaw, Whitebird, and Pigout timber sale contracts on November 10, 2004.

13.

Ms. Woodard issued a final decision regarding the claim for the Pigout timber sale on April 29, 2005.

14.

Ms. Woodard issued a final decision regarding the claim for the Jigsaw timber sale on April 29, 2005.

15.

Ms. Woodard issued final decision regarding the claim for the Whitebird timber sale on April 29, 2005.

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Gary G. Stevens Gary G. Stevens Saltman & Stevens, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20008 (202) 452-2140 Of Counsel: Ruth G. Tiger Eric J. Pohlner s/Bryant G. Snee BRYANT G. SNEE Deputy Director s/Joan M. Stentiford JOAN M. STENTIFORD Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 3

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Attorneys for Plaintiff

1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 616-0341 Fax: (202) 514-8624

s/Ellen M. Lynch ELLEN M. LYNCH Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 353-7994 Fax: (202) 514-8624 June 24, 2008 Attorneys for Defendant

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