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

Case 1:05-cv-00563-LMB

Document 53

Filed 05/08/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS COLLINS NATIONAL, a limited partnership, and COLLINS DEVELOPMENT CO., a California corporation as General Partner, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 05-563C (Judge Baskir)

JOINT STATUS REPORT Pursuant to the Court=s order dated November 7, 2006, the parties respectfully submit the following joint status report. Mediation was scheduled for March 1, 2007 in San Diego but was postponed by the parties to consider whether all necessary discovery had been completed in order to make mediation meaningful. Plaintiff has been investigating the claims made by Defendant's expert William Cornils in the declaration attached to Defendant's Mediation Statement. Further, Plaintiff is anticipating a response to a Freedom of Information Act request tendered to the Drug Enforcement Agency. Plaintiff believes that the conclusion of these two activities will likely provide sufficient factual background to make mediation profitable. The parties will be contacting ADR Judge Hodges within one week of the receipt by Plaintiff of the DEA's repsonse to Plaintiff's FOIA request. At that time, the parties will ask Judge Hodges to consider dates for Mediation in San Diego which the parties hope to have concluded prior to July 8, 2007 when the next Status Report will be required.

Case 1:05-cv-00563-LMB

Document 53

Filed 05/08/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Acting Director s/Bryant G. Snee BRYANT G. SNEE Deputy Director

s/Richard S. Bayer RICHARD S. BAYER, ESQ. Law Office of Richard S. Bayer 1150 Silverado Street La Jolla, CA 92037 Tel: (858) 454-1005 Fax: (858) 454-1021 Attorney for Plaintiffs

s/A. Bondurant Eley A. BONDURANT ELEY Trial Attorney Commercial Litigation Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 616-8254 Fax: (202) 514-8624

May 8, 2007

Attorneys for Defendant

Case 1:05-cv-00563-LMB

Document 53

Filed 05/08/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on May 8, 2007, 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/ A. Bondurant Eley