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

Case 1:05-cv-00503-TCW

Document 44

Filed 09/28/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

HOSPITAL SERVICE ASSOCIATION OF NORTHEASTERN PENNSYLVANIA, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) No. 05-503 T ) (Judge Wheeler) ) ) ) )

JOINT STATUS REPORT Pursuant to the Court's September 14, 2007, Order, the parties file this joint status report. In light of the Court's Order granting plaintiff's motion for partial summary judgment, the parties recognize that the remaining issues in this case are primarily factual in nature. The parties therefore believe that they should make a particular effort to settle the case without the necessity of a trial. Accordingly, the parties propose that the Court not reinstate the pretrial schedule at this time and, instead, allow the parties three months to explore the possibility of settlement. Such period is needed for defendant to verify certain facts upon which plaintiff's claim depends and for both parties to engage in settlement negotiations. If the Court adopts this proposal, then the parties would file another joint status report on or before January 4, 2008, either updating the Court on the parties' settlement negotiations or proposing a pretrial schedule. If the parties reach an impasse before January 4, 2008, then the parties will notify the Court at such earlier time.

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Case 1:05-cv-00503-TCW

Document 44

Filed 09/28/2007

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Respectfully submitted,

/s Frederick H. Robinson by /s Karen Servidea FREDERICK H. ROBINSON MILLER & CHEVALIER CHARTERED 655 Fifteenth Street, N.W., Suite 900 Washington, D.C. 20005-5701 Phone: (202) 626-5800 Facsimile: (202) 628-0858 Counsel for Plaintiff Of Counsel: Clarence T. Kipps, Jr. Maria O. Jones Adam P. Feinberg MILLER & CHEVALIER CHARTERED 655 Fifteen Street, N.W., Suite 900 Washington, D.C. 20005-5701 Phone: (202) 626-5800 Facsimile: (202) 628-0858

/s Karen Servidea KAREN SERVIDEA Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 616-3423 Counsel for Defendant RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section W.C. RAPP Senior Trial Attorney

September 28, 2007 Date

/s W.C. Rapp Of Counsel

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