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

Case 1:05-cv-00457-LJB

Document 23

Filed 08/16/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GEE & JENSEN ENGINEERS, ARCHITECTS & PLANNERS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-457C (Judge Bush)

JOINT STATUS REPORT Pursuant to the Court's July 11, 2007 order, the parties respectfully submit this joint status report informing the Court of the parties' progress. The parties have not yet completed discovery. On August 14, 2007, Gee & Jensen served its responses to the defendant's May 23, 2007 set of requests for production of documents and interrogatories. Counsel for the defendant is currently reviewing the documents produced and the responses to interrogatories. Discovery has been slowed as a result of attempts to locate documents. The plaintiff found two additional boxes of documents in August and has produced those documents to the Government's counsel. The depositions of three witnesses originally scheduled for July 24 and 25, 2007 were cancelled to allow Gee & Jensen time to search for additional documents and respond to written discovery prior to the depositions. Those depositions have not yet been rescheduled, pending the determination of witness availability. Counsel for the parties currently believe that those depositions will likely be scheduled during the last week of September. The parties have not yet determined that any portion of the claims are appropriate for settlement. Therefore, at this time, the parties believe that discovery should be completed and that the parties proceed.

Case 1:05-cv-00457-LJB

Document 23

Filed 08/16/2007

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As indicated in the May 14, 2007 joint status report, Gee & Jensen intends to file a dispositive motion following the completion of discovery. Accordingly, the parties propose the following schedule for filing dispositive motions: Event Plaintiff's Motion for Summary Judgment Defendant's Response to Plaintiff's Motion and Cross Motion (if any) Plaintiff's Reply to Defendant's Response Due Date October 19, 2007 November 23, 2007

December 14, 2007

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director S/Donald E. Kinner DONALD E. KINNER Assistant Director S/William A. Scott WILLIAM A. SCOTT Pedersen & Scott, P.C. 775 St. Andrews Blvd. Charleston, S.C. 29407 Tel: (843) 556-5656 Fax: (843) 556-5635 Attorney for Plaintiff S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 616-2228 Fax: (202) 305-7643 Attorneys for Defendant

August 16, 2007

Case 1:05-cv-00457-LJB

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Filed 08/16/2007

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CERTIFICATE OF ELECTRONIC FILING I hereby certify that on this 16th day of August 2007 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. The parties may access this filing through the Court's system.

s/Tara K. Hogan

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