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

Case 1:05-cv-00457-LJB

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Filed 10/13/2005

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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) (ADR Judge Bruggink)

JOINT PRELIMINARY STATUS REPORT Pursuant to Rule 16 and Appendix A of the Rules of the United States Court of Federal Claims,("RCFC") the parties respectfully submit the following joint preliminary status report. A. Jurisdiction: The plaintiff states that the Court has jurisdiction pursuant to the Contracts Disputes Act and the Tucker Act. Defendant has no basis at this time to dispute jurisdiction. B. Consolidation: The parties do not believe that this case should be consolidated with any other case. C. Bifurcation: The parties do not believe that bifurcation of liability and damages is appropriate. D. Deferral: The parties do not believe deferral is appropriate at this time.

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E.

Remand/Suspension: Neither party seeks remand or suspension.

F.

Joinder: Neither party intends to join additional parties at this

time. G. Dispositive Motions: The parties anticipate that, during or after the conclusion of discovery in this case, they may file cross motions for summary judgment pursuant to RCFC 56. H. Relevant Issues: Based upon a preliminary review of the case, the parties believe that the following relevant issues appear in this case (1) Whether Gee & Jensen was negligent in its provision of

architect-engineering services for the NISE East building? (2) Whether Gee & Jensen is liable for costs associated

with remediation of water damage in the NISE East building? I. Settlement: During or after discovery, the parties will be in a better position to further evaluate the possibility of settlement. J. Trial The parties anticipate the possibility of filing motions for summary judgment during or after discovery. If such dispositive

motions are not filed or are not completely dispositive of this

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action, the parties anticipate proceeding to trial. party requests expedited trial scheduling. of trial is Washington, D.C. K. Electronic Case Management

Neither

The requested place

The parties have no special issues regarding electronic case management needs. L. Additional Information The parties have no additional information of which the Court should be aware at this time. M. Proposed Schedule: November 30, 2005 August 22, 2006 November 1, 2006

Initial Disclosures: Disclosure of Expert Reports: End of Discovery:

Deadline to File Motions for Summary Judgment: January 31, 2007 Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

S/Donald E. Kinner DONALD E. KINNER Assistant Director

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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 Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-1011 Fax: (202) 514-8624 Attorneys for Defendant

October 13, 2005

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CERTIFICATE OF FILING I hereby certify that on this 13th day of October, 2005 a copy of the foregoing "JOINT PRELIMINARY 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