Free Second Amended Complaint - District Court of Federal Claims - federal

Case 1:05-cv-00215-RHH

Document 17

Filed 11/01/2006

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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 reported in our motion to stay, the parties, having undertaken document discovery and consulted with experts, designed a process of bilateral alternative dispute resolution, consisting of an exchange of position papers and expert reports, agreement upon a meeting agenda, and the conduct of face-to-face discussions with knowledgeable persons on both sides. This agreement culminated in a meeting in New Orleans, during the week of October 23, 2006, during which plaintiff representatives and the affected agency and Department of Justice negotiators identified a settlement proposal to resolve this case. The proposal now must be submitted with the agency's recommendation and a detailed memorandum prepared by the Government's counsel to the Authorized Representative of the Attorney General. Upon approval of this proposal, the parties would stipulate to the dismissal of this lawsuit with prejudice. The parties propose that they report back to the Court, on or before December 1, 2006, unless the matter is earlier dismissed.

Case 1:05-cv-00215-RHH

Document 17

Filed 11/01/2006

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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

November 1, 2006

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Case 1:05-cv-00215-RHH

Document 17

Filed 11/01/2006

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CERTIFICATE OF FILING I hereby certify that on November 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