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

Case 1:05-cv-00381-CFL

Document 62

Filed 07/23/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ARKANSAS GAME & FISH COMMISSION Plaintiff

) ) ) ) v. ) ) UNITED STATES OF AMERICA ) ) Defendant ) ____________________________________)

No. 05-381 L Judge Charles F. Lettow

JOINT STATUS REPORT Plaintiff, Arkansas Game & Fish Commission, and Defendant, United States of America, by and through their respective counsel, hereby submit this Joint Status Report pursuant to the Court's orders entered on January 18, 2008 and June 27, 2008. A. PENDING MOTIONS No motions are currently pending before the Court. B. DISCOVERY The parties completed expert depositions on Friday, July 18, 2008. Both parties

requested various documents from the experts during depositions and the parties are now compiling those documents for production in response to those requests. Aside from this postdeposition production, the parties have completed all discovery. C. TRIAL DATE By Order of July 16, 2008, the Court requested the parties specify, in this report, whether they prefer the November or December trial dates.

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Plaintiff states as follows: Plaintiff's witnesses are available for either trial date, except that for the December date one expert witness, Rick Watts, is only available during the first week of December. Plaintiff prefers the November trial setting but would be willing to accommodate either date with the goal of completing the trial of this case during 2008. Waterfowl hunting season is expected to begin on November 22, 2008, and continue until December 1, 2008, then will resume from December 6, 2008 until January 25, 2008. The Court may wish to plan a site visit to the WMA on a date when the waterfowl season is closed. Defendant states as follows: The United States strongly prefers a December trial date for the convenience of our witnesses and to ensure adequate opportunity to prepare for trial. D. PROPOSED PRE-TRIAL SCHEDULE The parties will comply with the pre-trial schedule set forth in Appendix A to the Rules of the Court of Federal Claims. Specifically, the parties propose the following schedule with regard to the November trial date: Date August 27, 2008 September 3, 2008 September 10, 2008 October 8, 2008 October 15, 2008 October 23, 2008 October 28, 2008 Event Meeting of Counsel and exchange of Preliminary Exhibit and Witness Lists, as set forth in RCFC App. A, para. 13. Joint Certification, as set forth in RCFC App. A, para. 13(d). Plaintiff's Pre-Trial Memorandum, with Final Exhibit and Witness Lists, as set forth in RCFC App. A, paras. 14, 15, 16. Defendant's Pre-Trial Memorandum, with Final Exhibit and Witness Lists, as set forth in RCFC App. A, paras. 14, 15, 16. Motions in Limine Due Responses to Motions in Limine Due Replies to Motions in Limine Due

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October 29, 2008 November 11-21, 2008 Post-Trial Briefing

Pre-Trial Conference Trial At the Court's convenience

The parties propose the following schedule with regard to the December trial date: Date September 15, 2008 September 22, 2008 September 29, 2008 October 27, 2008 November 7, 2008 November 12, 2008 November 17, 2008 November 17, 2008 December 1-12, 2008 Post-Trial Briefing Event Meeting of Counsel and exchange of Preliminary Exhibit and Witness Lists, as set forth in RCFC App. A, para. 13. Joint Certification, as set forth in RCFC App. A, para. 13(d). Plaintiff's Pre-Trial Memorandum, with Final Exhibit and Witness Lists, as set forth in RCFC App. A, paras. 14, 15, 16. Defendant's Pre-Trial Memorandum, with Final Exhibit and Witness Lists, as set forth in RCFC App. A, paras. 14, 15, 16. Motions in Limine Due Responses to Motions in Limine Due Replies to Motions in Limine Due Pre-Trial Conference Trial At the Court's convenience

E.

SETTLEMENT/ADR The parties previously discussed the possibility of a negotiated settlement on September

12, 2006, and no further settlement discussions have taken place since that date. The parties have recently reopened discussions regarding the possibility of a negotiated settlement and will continue those discussions as this matter proceeds.

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This report was jointly prepared by counsel for the parties. Counsel for Defendant has authorized Counsel for Plaintiff to file this Joint Status Report on behalf of both parties. DATED: July 23, 2008 By: /s/ Julie D. Greathouse PERKINS & TROTTER, PLLC P. O. Box 251618 Little Rock, AR 72225-1618 Telephone: (501) 603-9000 Telefax: (501) 603-0556 [email protected] Of Counsel G. Alan Perkins PERKINS & TROTTER, PLLC Post Office Box 251618 Little Rock, AR 72225-1618 Telephone: (501) 603-9000 Telefax: (501) 603-0556 [email protected] James F. Goodhart ARKANSAS GAME & FISH COMMISSION #2 Natural Resources Drive Little Rock, AR 72205 Telephone: (501) 223-6327 Telefax: (501) 223-6463 [email protected] ATTORNEYS FOR PLAINTIFF ARKANSAS GAME & FISH COMMISSION

By:

/s/ William J. Shapiro WILLIAM J. SHAPIRO Environment and Natural Resources Division Natural Resources Section U.S. Department of Justice 501 I Street Suite 9-700 Sacramento, CA 95814 (916) 930-2207 (phone) (916) 930-2210 (fax) [email protected]

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Of Counsel Jennifer Dalton United States Corps of Engineers Little Rock District Office of Counsel 700 West Capitol Little Rock, Arkansas 72201 (501) 324-6180 (phone) [email protected] Elizabeth Nicholas Natural Resources Section Environment and Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0436 (phone) [email protected] ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA

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