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

Case 1:05-cv-00468-TCW

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Filed 11/03/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AMERICAN STATES INSURANCE CO., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-468C (Judge Wheeler)

JOINT STATUS REPORT AND MOTION TO ENLARGE STAY Pursuant to the Court's order dated October 16, 2006, the parties respectfully submit the following joint status report and request that the Court enlarge the stay in this case for an additional 40 days, through and including December 18, 2006, to afford the parties time to draft and execute the settlement agreement and for the General Services Administration ("GSA") to process payment of the settlement amount. On May 26, 2006, counsel for plaintiff provided defendant with a formal offer of settlement. On October 11, 2006, the interested agency, the General Services Administration, provided a written memorandum recommending that the United States accept plaintiff's settlement offer. On October 20, 2006, the authorized representative of the Attorney General granted approval to accept plaintiff's settlement offer. Additional time is needed for the parties to draft and execute the settlement agreement and for the General Services Administration ("GSA") to process payment of the settlement amount. For the foregoing reasons, the parties respectfully request that the Court grant this joint motion to stay proceedings in this case for 40 days, through and including December 18, 2006, for the parties to continue their efforts to resolve this case without the need for further litigation.

Case 1:05-cv-00468-TCW

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Filed 11/03/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Bryant G. Snee BRYANT G. SNEE Assistant Director

s/ Harold McKee HAROLD MCKEE Riordan, Donnelly, Lipinski & McKee, Ltd. 10 North Dearborn Street, 4th Floor Chicago, IL 60602 Tel: (312) 663-9400 Fax: (312) 663-1028 Attorney for Plaintiff

s/ Nancy M. Kim NANCY M. KIM Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-0546 Fax: (202) 514-8640 Attorneys for Defendant

November 3, 2006

Case 1:05-cv-00468-TCW

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Filed 11/03/2006

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CERTIFICATE OF FILING I hereby certify that on November 3, 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/ Nancy M. Kim