Case 1:05-cv-00506-LJB
Document 17
Filed 01/10/2007
Page 1 of 3
IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )
DANILO M. ALMARES, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.
Case No. 05-506C (Judge Lynn J. Bush)
PLAINTIFFS' MOTION FOR LEAVE TO FILE STATUS REPORT Plaintiffs respectfully submit the following supplemental status report with respect to the claims of eight plaintiffs employed as Technical Enforcement Officers at the Bureau of Immigration and Customs Enforcement within the Department of Homeland Security, and/or its Predecessor the United States Customs Service, (collectively, "ICE") . PLAINTIFFS' SUPPLEMENTAL STATUS REPORT On June 8, 2006, plaintiffs and defendant entered into a partial settlement agreement covering the eight plaintiffs described above. A copy of the June 8, 2006, settlement agreement is attached. On September 18, 2006 defendant submitted such claims for payment by the Department of Treasury, Financial Management Service. Pursuant to ยง 5.C. of the settlement agreement, interest was calculated up to and including September 30, 2006, "30 days before payment [to plaintiffs' counsel] by the Financial Management Service." However, to date, such payment has not been made. Plaintiffs' counsel have discussed the fact that payment has not been made with counsel for defendant on several occasions. Plaintiffs believe they have no recourse but to file a separate action to obtain the recovery due under the terms of the settlement agreement.
Case 1:05-cv-00506-LJB
Document 17
Filed 01/10/2007
Page 2 of 3
Respectfully submitted,
OF COUNSEL: Linda Lipsett
s/Jules Bernstein Jules Bernstein (Counsel of Record) Bernstein & Lipsett 1920 L Street, N.W., Suite 303 Washington, D.C. 20036 (202) 955-1390 (202) 296-7220 facsimile s/Edgar James Edgar James James & Hoffman 1101 17th Street, N.W., Suite 510 Washington, D.C. 20036 (202) 496-0500 (202) 496-0555 facsimile Attorneys for Plaintiffs
Dated: January 10, 2007
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Case 1:05-cv-00506-LJB
Document 17
Filed 01/10/2007
Page 3 of 3
CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 10th day of January 2007, a copy of the foregoing "MOTION FOR LEAVE TO FILE SUPPLEMENTAL 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