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

Case 1:05-cv-00708-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SCOTT TIMBER CO., Plaintiff, v. THE UNITED STATES, Defendant.

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Case No. 05-708C (Judge Lettow)

JOINT STATUS REPORT In accordance with the Court's order entered February 27, 2008, parties provide this joint status report recommending arrangements for trial. 1. The Court has scheduled a pre-trial conference for June 20, 2008 and the trial of this case to commence on June 26, 2008. 2. Plaintiff recommends that the location of the trial be in the District of Columbia. Plaintiff's counsel believes that the majority of witnesses would have to travel to Portland, Oregon or the District of Columbia for the trial. Some of plaintiff's witnesses do live in the Portland area, but others live in the District of Columbia area, Arizona and Florida, among other locations outside of Portland, Oregon. However, wherever trial is held, it is plaintiff's very strong preference that the entire trial be conducted in one location. Changing locations in mid-trial would be very disruptive and time consuming, especially over the Fourth of July holiday. 3. The Court indicated that it intended to begin the trial in Washington, D.C. for the period June 26, 2008 to July 2, 2008. Defendant recommends that the remainder

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Case 1:05-cv-00708-CFL

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of the trial be conducted in Portland, Oregon, as that is where the majority of the witnesses are located. Alternatively, defendant recommends that the entire trial be conducted in Portland, Oregon. 4. Counsel for each party agrees to accept service of trial subpoenas for any of that party's current employees or former employees who have consented to representation by counsel for that party. 5. On April 16, 2008, the parties shall exchange exhibit and witness lists as indicated in Appendix A.VI (13). Unless previously exchanged, counsel for the parties shall exchange a copy of each exhibit listed. 6. On May 2, 2008, the plaintiff shall file its Memorandum of Contentions of Fact and Law, plaintiff's witness list and plaintiff's list of exhibits. 7. On May 30, 2008, defendant shall file its Memorandum of Contentions of Fact and law, defendant's witness list and defendant's exhibit list. 8. Any objection to a witness or exhibit under Paragraph 13 of Appendix A.VI shall be made in each party's Memorandum of Contentions of Fact and Law or in a separate motion filed on the same date. To the extent possible, the parties request that the Court rule on all issues of admissibility at the pre-trial conference on June 20, 2008. 9. 10. Any motions in limine shall be filed no later than June 6, 2008. Any joint stipulations of fact shall be filed no later than June 24, 2008.

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Respectfully submitted, s/Gary G. Stevens GARY G. STEVENS Saltman & Stevens P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 Phone: (202) 452-2140 Fax: (202) 775-8217 Attorney for Plaintiff

JEFFREY S. BUCHOLTZ Assistant Attorney General JEANNE E. DAVIDSON Director s/Bryant G. Snee BRYANT G. SNEE Deputy Director OF COUNSEL: MARCUS R. WAH Associate Regional Attorney USDA-OGC, Pacific Region s/Joan M. Stentiford JOAN M. STENTIFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tele: (202) 616-0341 Fax: (202) 514-8624 Attorneys for Defendant

March 12, 2008

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