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

Case 1:05-cv-00186-FMA

Document 38

Filed 07/13/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LAVETTA ELK, ) ) ) 05-186L v. ) Judge Francis M. Allegra ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) Plaintiff, JOINT STATUS REPORT Plaintiff Lavetta Elk, and Defendant United States of America, (collectively referred to herein as the "Parties"), by and through their respective counsel, hereby submit this Joint Status Report. Pursuant to the Court's Order of February 23, 2007, the Parties are to indicate the manner in which the case should proceed. Paragraph 8 of the Court's February 23, 2007 Order required that the parties engage in at least one settlement discussion by July 13, 2007. Prior to that date, the parties engaged in settlement communications, but a settlement was not reached. The Parties jointly propose the following briefing schedule for summary judgment motions: Filing of all Dispositive Motions Filing of all Responses in Opposition Filing of all Replies in Support October 22, 2007 November 26, 2007 December 10, 2007

It is Plaintiff's position that the parties' dispute cannot be disposed of in its entirety by summary judgment, and thus a trial will be necessary. Plaintiff's counsel suggests the following schedule in accordance with Appendix A to the CFC Rules, §VI: 1

Case 1:05-cv-00186-FMA

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Filed 07/13/2007

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Meeting of Counsel Plaintiff's Memorandum of Contentions of Fact and Law

January 11, 2008 January 25, 2008

Defendant's Memorandum of Contentions of Fact and Law February 22, 2008 Each Party to File Witness List and Exhibit List Final Pretrial Conference March 4, 2008 March 14, 2008

It is Defendant's position that resolution of the Parties' Dispositive Motions will serve to more clearly define the parameters of the trial and allow the parties to present evidence tailored to the issues before the Court. Accordingly, Defendant proposes that the scheduling of additional deadlines be postponed until after the resolution of such motions. If the Court would prefer that such dates be scheduled at this time, Defendant suggests adopting a schedule which would permit the Court adequate time to review the motions prior to trial. Thus, in accordance with Appendix A to the CFC Rules, §VI, Defendant proposes the following schedule: Meeting of Counsel Plaintiff's Memorandum of Contentions of Fact and Law March 10, 2008 March 24, 2008

Defendant's Memorandum of Contentions of Fact and Law April 21, 2008 Each Party to File Witness List and Exhibit List Final Pretrial Conference May 2, 2008 May 12, 2008

Counsel for Plaintiff consents to the filing of this Joint Status Report by counsel for Defendant.

Dated this 13th day of July, 2007.

Respectfully submitted,

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Case 1:05-cv-00186-FMA

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Filed 07/13/2007

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RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division

s/ Steven D. Bryant_______________________ Steven D. Bryant Sara Culley Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0424 (phone) (202) 305-0267 (fax) [email protected] Counsel of Record for Defendant

HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiff 18205 Biscayne Boulevard, Suite 2218 Miami, Florida 33160 Telephone (305) 931-2200 Facsimile: (305) 931-0877 www.hermanlaw.com By: s/ Jeffrey M. Herman . JEFFREY M. HERMAN, ESQ. [email protected] STUART S. MERMELSTEIN, ESQ. [email protected] ADAM D. HOROWITZ, ESQ. [email protected] Counsel of Record for Plaintiff

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