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

Case 1:05-cv-00400-FMA

Document 75

Filed 05/28/2008

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MICHAEL W. STOVALL, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

Electronic Filing No. 05-400C (Judge Allegra)

JOINT STATUS REPORT Pursuant to the Court's order dated May 12, 2008, the plaintiff, Michael Stovall, and the defendant, the United States, respectfully submit the following joint status report regarding how this case should proceed. After the Court granted the plaintiff's motion to substitute plaintiff's counsel, counsel for the defendant and the new counsel for the plaintiff contacted each other to discuss the case and their thoughts about how to return it to a posture that will finally dispose of Mr. Stovall's claim. Counsel for the defendant provided counsel for the plaintiff with a courtesy copy of all discovery conducted in this case with the Mr. Stovall's former counsel. After reviewing these materials, as well as the various docketed motions and orders, counsel discussed the case again. The parties agree that there are certain deficiencies in the deposition discovery for this case, that these deficiencies are not the fault of Mr. Stovall himself, and therefore neither he nor his case should be prejudiced now that he has retained new representation. Plaintiff's counsel has formulated an opinion upon and strategy for prosecuting Mr. Stovall's claims, and, at this time, has identified

Case 1:05-cv-00400-FMA

Document 75

Filed 05/28/2008

Page 2 of 5

five individuals whom they would like to depose: (1) Clarence Snyder (USDA employee responsible for monitoring the implementation of Mr. Stovall's 1998 Resolution Agreement); (2) Clyde Thompson (USDA official with limited knowledge of Mr. Stovall's post-breach attempts to obtain an administrative resolution to his breach claim); (3) Frederick Isler (same as Mr. Thompson); (4) Jerome Williams (USDA civil rights investigator); (5) Calvin Gibson (USDA civil rights investigator); and (6) Jimmy Sandler (former employee of ConAgra who may have knowledge of the alleged chicken contract Mr. Stovall negotiated for his farm). The parties agree that Messrs. Snyder and Sandler should be deposed. With respect to Messrs. Thompson, Isler, Williams, and Gibson, the Government objects to their depositions (as it did with respect to Messers. Thompson and Isler before plaintiff's new counsel began work upon this case) upon the grounds that none of them possess knowledge relevant to Mr. Stovall's breach claim, nor do they possess any knowledge that could reasonably lead to the discovery of relevant evidence concerning Mr. Stovall's breach claim. (The Government does not, of course, object to the deposition of Mr. Thompson upon the limited grounds permitted by the Court's January 9, 2008 order). Counsel for the defendant has discussed this objection with counsel for the plaintiff, and the parties have agreed to engage in further discussions about these depositions before seeking assistance from the Court. We therefore do not seek a discovery order at this time. The parties have not yet been able to schedule desired depositions. We have

-2-

Case 1:05-cv-00400-FMA

Document 75

Filed 05/28/2008

Page 3 of 5

not yet successfully made contact with Mr. Sandler, who is a third-party and may need to be subpoenaed. With respect to Mr. Snyder, the parties have not yet coordinated their schedules, but are confident that they will be able to do so in the near future. With respect to Messrs. Thompson, Isler, Gibson, and Williams, plaintiff's counsel is still considering the necessity of these depositions, as discussed above. If plaintiff's counsel concludes that the depositions of these individuals are necessary, the parties will either (a) work out a mutually agreeable schedule for those depositions, or (b) the defendant will seek a protective order after a proper notice has been served. The parties agree that they should be able to accomplish these tasks within the next 90 days (counsel for both parties have other previously scheduled activities in their other cases in the upcoming weeks). We therefore jointly and respectfully request that fact discovery be reopened through August 29, 2008.

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

-3-

Case 1:05-cv-00400-FMA

Document 75

Filed 05/28/2008

Page 4 of 5

s/ Howell Roger Riggs HOWELL ROGER RIGGS Dick, Riggs, Miller & Stem, LLP Regions Center, Suite 1050 200 Clinton Avenue Huntsville, AL 35801 Tel. (256) 564-7317 Fax. (256) 564-7319 email: [email protected]

s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, DC 20530 Tel. (202) 616-0170 Fax. (202) 305-7644 email: [email protected] Attorneys for Defendant

Attorney for Plaintiff May 28, 2008

-4-

Case 1:05-cv-00400-FMA

Document 75

Filed 05/28/2008

Page 5 of 5

CERTIFICATE OF FILING I hereby certify that on May 28, 2008, 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/ Devin A. Wolak