Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00215-RHH

Document 19

Filed 12/01/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PHYLWAY CONSTRUCTION, LLC, Plaintiff, v. ) ) ) ) ) ) ) ) ) )

No. 05-215C (Judge Hodges)

THE UNITED STATES, Defendant.

DEFENDANT'S STATUS REPORT, UPON BEHALF OF THE PARTIES Pursuant to the Court's order, upon behalf of the parties, defendant respectfully submits this status report. Plaintiff's counsel has read this report and concurs. As explained in our last report, plaintiff representatives and the affected agency and Department of Justice negotiators have identified a settlement proposal to resolve this case. Defendant's counsel has completed his office's detailed memorandum, which is ready to be forwarded to the Authorized Representative of the Attorney General, but is awaiting the affected agency's formal recommendation, which was forwarded for the signature of the agency's authorized official at its headquarters in Washington, D.C., approximately two weeks ago. In the meantime, the parties have agreed upon the form of a formal settlement agreement, and a contract modification has been prepared. Upon any approval of the settlement proposal, the parties will stipulate to the dismissal of this lawsuit with prejudice. The parties propose that they report back to the Court, on or before January 3, 2006, unless the matter is earlier dismissed.

Case 1:05-cv-00215-RHH

Document 19

Filed 12/01/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ David M. Cohen DAVID M. COHEN Director

WILLIAM G. MEINERS Attorney Advisor U.S. Army Corps. of Engineers New Orleans, Louisiana 70160-0267

s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director Department of Justice Civil Division Commercial Litigation Branch 1100 L Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 (202) 616-2311 Attorneys for Defendant

December 1, 2006

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Case 1:05-cv-00215-RHH

Document 19

Filed 12/01/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on December 1, 2006, a copy of the foregoing 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/ Steven J. Gillingham