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

Case 1:05-cv-00370-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ADRIAN RODRIGUEZ and ALI JAZMIN RODRIGUEZ, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-370C (Judge Lettow)

JOINT PRELIMINARY STATUS REPORT Pursuant to Appendix A of the Rules of the United States Court of Federal Claims ("RCFC"), plaintiff and defendant respectfully submit the following joint preliminary status report: a. Jurisdiction

Plaintiffs state that the Court possesses jurisdiction to consider and decide this action pursuant to 28 U.S.C. § 1491. For the reasons stated in its motion to dismiss, defendant does not believe that the Court possesses jurisdiction to entertain this action. b. Consolidation

The parties agree that this case should not be consolidated with any other case. c. Bifurcation

The parties agree that trial of liability and damages should not be bifurcated. d. Deferral

The parties agree that further proceedings in this case should not be deferred pending consideration of another case before this Court or any other tribunal.

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e.

Remand/Suspension

The parties agree that no remand or suspension will be sought. f. Joinder

The parties agree that no additional parties will be joined. g. Dispositive Motions

After discovery has been completed, defendant anticipates submitting a motion for summary judgment pursuant to RCFC 56. h. 1. Relevant Issues Whether the contract between defendant and Ms. Ali Jazmin Rodriguez for the

sale of an autombile contained any term or warranty concerning the existence of contraband in the vehicle at the time of sale. 2. 3. 4. Whether defendant breached any warranty or term of the contract. Whether defendant conducted a reasonable search of the vehicle prior to its sale. Whether Ms. Ali Jazmin Rodriguez has suffered any damages as a result of the

breach of contract or warranty alleged. i. Settlement

The parties anticipate pursuing settlement negotiations as the litigation progresses. j. Trial

The parties do not request expedited trial scheduling, and anticipate that the case may be tried within five days. The parties request that the trial be conducted in San Diego, California. k. Electronic Case Management

The parties have no special issue regarding electronic case management needs.

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l.

Additional Information

There is no additional information of which the Court should be aware at this time. m. Proposed Discovery Plan

The parties intend to conduct simultaneous discovery through interrogatories, requests for admission, requests for production of documents, and/or depositions. The parties propose the following discovery schedule: Exchange of Initial Disclosures Close of Fact Discovery Plaintiff's Expert Report Due Defendant's Expert Report Due Deadline for Expert Depositions June 30, 2006 December 29, 2006 March 1, 2007 April 16, 2007 May 18, 2007

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Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/Teresa Trucchi TERESA TRUCCHI Suppa, Trucci and Henein, LLP 3055 India Street San Diego, CA 92103 Tel. (619) 297-7330 Fax (619) 297-9658 s/ Andrew P. Averbach ANDREW P. AVERBACH 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) 353-0527 Fax (202) 305-2118 Attorneys for Defendant

Attorneys for Plaintiffs May 22, 2006

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