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

Case 1:05-cv-00462-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DICK PACIFIC/GHEMM, JV, On behalf of W. A. Botting Company, Plaintiff v.

THE UNITED STATES Defendant

) ) ) ) ) ) ) ) )

No. 05-462C (Judge Baskir)

JOINT STATUS REPORT Pursuant to this Court's orders dated December 19, 2005 and June 26, 2006, the parties to this action, by and through their undersigned counsel, respectfully submit the following Joint Status Report. I. Discovery Pursuant to this Court's order, the parties have completed all discovery relating to liability in this matter. II. Further Proceedings Dick Pacific/Ghemm, JV and W. A. Botting Company intend to file a dispositive motion for summary judgment on liability, pursuant to Rule 56 of the Rules of the United States Court of Federal Claims. The Government may file a cross-motion for summary judgment. In accordance with the Court's May 10, 2005 special procedures order, the parties will jointly file a

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consolidated statement of facts in connection with these motions in lieu of separate proposed findings of fact. The parties propose that the briefing follow the schedule set forth in the Rules of the United States Court of Federal Claims, with the consolidated statement of facts to be filed 14 days after the final brief in this matter. If this motion is not completely dispositive of this action, the parties anticipate proceeding to trial on liability. If necessary, the parties propose submitting a trial schedule, including the number of days for trial and the number of witnesses the parties intend to call, within 30 days of the resolution of the parties' motions. III. Settlement and Alternative Dispute Resolution The parties will pursue settlement negotiations in good faith as the litigation progresses. The Government does not believe that Alternative Dispute Resolution would be productive at this time. Dick Pacific/Ghemm, JV and W. A. Botting Company do not object to Alternative Dispute Resolution . Respectfully submitted, PETER D. KEISLER Assistant Attorney General

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DAVID M. COHEN Director

/s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director

/s/ Robert Crick ROBERT CRICK Winston & Cashatt, Lawyers 601 West Riverside Avenue 1900 Seafirst Financial Center Spokane, WA 99201-0695

/s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 [email protected]

Attorney for Plaintiff July 31, 2006

Attorneys for Defendant July 31, 2006

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CERTIFICATE OF FILING I hereby certify that on this 31st day of July, 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/ Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice