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

Case 1:05-cv-00572-LJB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THOMAS E. ENGLISH, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

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Case No. 05-572C (Judge Lynn J. Bush)

JOINT STATUS REPORT Pursuant to the Order issued by the Court on May 15, 2006, plaintiffs and defendant respectfully submit the following joint status report: 1. On June 8, 2006 and June 27, 2006, the parties entered into partial settlement

agreements resolving certain claims in this case as set forth in their Stipulations of Partial Dismissal ("Stipulations") filed herein on June 9, 2006 and June 28, 2006. As set forth in the Stipulations, the partial settlement agreements do not cover plaintiffs' claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., for the time solely spent driving a Government vehicle between home and work or claims based upon employment in positions and at agencies other than those specified in the Stipulations. 2. On April 7, 2006, plaintiffs' counsel provided Government counsel with a proposed

partial settlement agreement with respect to this case and eight other cases involving similar claims. This proposal would resolve the FLSA overtime claim of plaintiff Richard Sylvia employed at the Drug Enforcement Administration in OPM occupational series 1801 non-supervisory position at the GS-13 grade level except for his claim based upon time spent driving a Government-owned vehicle

Case 1:05-cv-00572-LJB

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between home and work. This proposal is currently being considered by the Government, and the Government hopes to respond to the proposal by September 29, 2006. 3. The parties further propose that proceedings relating to liability for time spent driving

a Government-owned vehicle between home and work be deferred pending disposition of the appeal that plaintiffs filed from the Court's April 27, 2005 decision dismissing the home-to-work driving claims of certain plaintiffs in Adams v. United States, No. 90-162C (Fed. Cl.). The appeal was docketed by the United States Court of Appeals for the Federal Circuit on December 28, 2005 as Stephen S. Adams, et al. v. United States, Case Nos. 06-5040 and 06-5041.

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Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

s/Jules Bernstein JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202) 296-7220

s/David M. Cohen DAVID M. COHEN Director

EDGAR N. JAMES James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiffs Dated: September 15, 2006

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-7561 Fax: (202) 305-7643 Attorneys for Defendant Dated: September 15, 2006 Filed Electronically with the consent of Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 15th day of September 2006, a copy of the 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/Jules Bernstein