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

Case 1:05-cv-00410-MMS

Document 30

Filed 12/12/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARIO R. LOPEZ-VELAZQUEZ, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-410C (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to this Court's November 1, 2005 and October 11, 2006 orders, the parties respectfully submit the following Joint Status Report regarding the status of proceedings before the Air Force Board for Correction of Military Records ("AFBCMR" or "board"). As indicated previously, the board has obtained the record of an ethics investigation involving the attorney who represented Mr. Lopez-Velazquez in the criminal proceedings prior to his discharge from military service. Mr. Lopez-Velazquez's counsel requested a copy of the report, and the board has requested permission from the Judge Advocate General to release the ethics report to Mr. Lopez-Velazquez's current counsel. The Judge Advocate General has determined that it will grant permission to release the ethics report to Mr. Lopez-Velazquez's counsel. The Judge Advocate General will provide the report as soon as it has completed any necessary redactions to the document, which the Judge Advocate General anticipates completing by December 18, 2006. The AFBCMR intends to allow Mr. Lopez-Velazquez to comment upon the ethics report, and the AFBCMR expects to be able to render an opinion within 30 days of receipt of Mr. Lopez-Velazquez's comments. To allow for the completion of the AFBCMR review along the lines described herein, the parties

Case 1:05-cv-00410-MMS

Document 30

Filed 12/12/2006

Page 2 of 2

respectfully request that this Court stay this matter for an additional 60 days, from December 11, 2006 until February 9, 2006.

Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Todd M. Hughes TODD M. HUGHES Assistant Director s/ Gary Myers GARY MYERS 78 Clark Mill Road Weare, NH 03281 Attorney for Plaintiff s/ Michael J. Dierberg MICHAEL J. DIERBERG Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 353-0536 Fax: (202) 305-7643 Attorneys for Defendant

December 12, 2006