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

Case 1:05-cv-00468-TCW

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Filed 02/01/2006

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

No. 05-468C (Judge Wheeler)

JOINT PRELIMINARY STATUS REPORT Pursuant to the Court's order dated December 22, 2005, plaintiff, American States Insurance Company, and defendant, the United States, submit the following joint status report. The parties still believe that settlement may be an appropriate vehicle by which to resolve this matter, and the parties wish to continue their efforts to resolve this dispute amicably. Specifically, counsel for both parties have discussed

relevant case law concerning plaintiff's claims, including decisions by this Court. Counsel for both parties also have

exchanged views regarding the relative strengths and weaknesses of each side's case. Counsel for plaintiff has submitted a proposal to counsel for defendant intended to form the basis of a settlement that counsel for defendant could recommend to the appropriate settlement authority. Counsel for defendant anticipates that he

will require at least two to three weeks in order to evaluate plaintiff's proposal and make the appropriate recommendation to the appropriate settlement authority.

Case 1:05-cv-00468-TCW

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Filed 02/01/2006

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For this reason, both parties respectfully request that the Court continue the stay of this case through March 31, 2006.

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

s/ PAUL R. WELLONS PAUL R. WELLONS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tel: (202) 616-8253 Fax: (202) 307-0972 Attorneys for Defendant February 1, 2006

Attorney for Plaintiff February 1, 2006

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Case 1:05-cv-00468-TCW

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Filed 02/01/2006

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CERTIFICATE OF FILING I hereby certify that on February 1, 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. may access this filing through the Court's system. Parties

s/ PAUL R. WELLONS