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

Case 1:05-cv-00586-MCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DANKA DE PUERTO RICO, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 05-586C ) (Judge Williams) ) ) )

JOINT MOTION TO FILE JOINT PRELIMINARY STATUS REPORT OUT OF TIME AND JOINT PRELIMINARY STATUS REPORT Pursuant to Rule 16 and Appendix A, Rules of the United States Court of Federal Claims, the parties submit the following Joint Preliminary Status Report in response to questions set forth in paragraph III(4) of Appendix A. The parties

respectfully request that the Court accept the joint preliminary status report out of time because counsel for the parties inadvertently failed to correctly calendar the due date for the joint preliminary status report. The parties apologize to the

Court for any inconvenience this mistake may have caused and will work to ensure that it is not repeated. a. Jurisdiction:

The parties currently perceive no jurisdictional defects in this case. b. Consolidation:

The parties do not believe that this case should be consolidated with any other case.

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c.

Bifurcation:

The parties do not believe that the trial of liability and quantum should be bifurcated. d. Deferral:

The parties know of no reason to defer proceedings in this case pending consideration of any other case presently before the Court. e. Remand/Suspension:

See response to item c, above. f. Joinder:

The parties do not believe any other party will be joined. g. Dispositive Motions:

The parties do not anticipate filing dispositive motions prior to the completion of discovery but may reassess the filing of dispositive motions during the discovery period. h. l. Relevant Issues: Whether the Government is contractually liable to the

plaintiff for premature termination and monthly charges for the Government's decision to replace some of the copiers that were leased to the Government by the plaintiff. 2. If the Government is contractually liable to the

plaintiff, what is the appropriate measure and amount of damages for premature termination penalties, monthly charges, and late fees to which the plaintiff is entitled.

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i.

Settlement:

The parties will conduct settlement negotiations, and will discuss the possibility of submitting this case for alternative dispute resolution as discovery proceeds. If the parties agree

to pursue alternative dispute resolution, we will notify the Court promptly. j. Trial:

Both parties anticipate proceeding toward trial should discovery reveal that dispositive motions, ADR, or settlement are inappropriate. The parties recommend that trial should be held

in San Juan, Puerto Rico. k. Electronic Case Management:

The parties are aware of the Court's electronic case management procedures and will comply with them. In addition,

the parties will cooperate with regard to the use of electronic document management techniques where possible. l. Other Information:

There is no other information of which the Court should be made aware at this time. Discovery: The parties request a discovery period of six months, commencing with the approval of this joint preliminary status report. The parties propose that expert reports be due 70 days

before the end of the discovery period, with expert depositions

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to take place thereafter.

The parties also propose that they

file a joint status report proposing further proceedings within 30 days after the close of discovery. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr. HAROLD D. LESTER, Jr. Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 Telephone: (202) 616-0391 Fax: (202) 353-7988 Email: [email protected] Attorneys for Defendant s/Gabriel I. Penagaricano GABRIEL I. PENAGARICANO PMB 239 405 Ave. Esmeralda, Ste. 102 Guaynabo, P.R. 00969 Tel: (787) 287-9024 Fax: (787) 731-0679 Email: [email protected] Attorney for Plaintiff February 8, 2006

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