Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00608-ECH

Document 63

Filed 03/16/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FRANCISCO JAVIER RIVERA AGREDANO, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-608C (Judge Hewitt)

STATUS REPORT Pursuant to the Court's Scheduling Order in this case, as amended from time to time, on behalf of both parties, and with the concurrence of counsel for plaintiff, Francisco Javier Rivera Agredano, the United States respectfully submits the following status report. (1) The parties have substantially completed discovery in this case. The

only outstanding discovery are three depositions, all of which should be completed by the end of March 2007, assuming counsel's schedules permit. (2) The parties have discussed settlement but have not been able to reach

an amicable resolution of this case. The parties have therefore approached Judge Bruggink to continue their attempts at ADR. The process is not yet complete, though we are hopeful that it will be within the next three weeks. (3) If ADR is unsuccessful, this case will proceed to trial on all issues

stated in the Joint Preliminary Status Report filed in this case. Consistent with the Joint Preliminary Status Report, we expect that trial will last approximately one week, and we request both that trial be scheduled four to six months after the conclusion of our current ADR proceeding before Judge Bruggink, and that trial

Case 1:05-cv-00608-ECH

Document 63

Filed 03/16/2007

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take place in San Diego, California.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Patricial M. McCarthy PATRICIA M. McCARTHY Assistant Director /s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 March 16, 2007 Attorneys for Defendant

Case 1:05-cv-00608-ECH

Document 63

Filed 03/16/2007

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CERTIFICATE OF FILING

I hereby certify that on March 16, 2007, a copy of the foregoing "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/ Devin A. Wolak DEVIN A. WOLAK