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

Case 1:05-cv-00142-NBF

Document 103

Filed 08/22/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ARTURO MORENO, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-142C

(Judge Firestone)

JOINT STATUS REPORT Pursuant to the Court's August 7, 2007, Order, the plaintiffs and defendant, the United States, respectfully submit the following joint status report: a. Discovery

Discovery is closed. The United States has agreed to provide the remaining items requested by the plaintiffs to plaintiffs' counsel on August 22, 2007. b. Amendment of Complaint

The plaintiffs intend to amend their Complaint to include the allegations supporting equitable tolling and breach of contract. Pursuant to RCFC 15(a), the plaintiffs asked the United States to consent in writing to the amendment. The United States intends to oppose the plaintiffs' attempt to amend their complaint. Therefore, the plaintiffs intend to move the Court for permission to amend under RCFC 15(a). The parties have agreed to the following briefing schedule: Plaintiffs' motion by August 28, 2007; Defendant's opposition by September 18, 2007; and Plaintiffs' reply by September 25, 2007.

Case 1:05-cv-00142-NBF

Document 103

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c.

Summary Judgment Briefing

The plaintiffs intend to move for summary judgment on the issue of the United States' liability to pay liquidated damages under the Fair Labor Standards Act. The United States intends to oppose this motion and file a cross motion for summary judgment. The parties have agreed to the following briefing schedule: Plaintiffs' motion by October 5, 2007; Defendant's opposition and cross-motion by November 30, 2007; Plaintiffs' reply in support of its motion and opposition to Defendant's cross-motion by December 28, 2007; and Defendant's reply in support of its cross-motion by January 18, 2008. The plaintiffs agreed to a longer briefing schedule than provided by the RCFC to accommodate defense counsel's schedule, namely counsel's representation of the United States in an international arbitration proceeding before the London Court of International Arbitration, United States v. Canada, No. 7941. In return, the plaintiffs asked that the United States agree that any requests for extension to these deadlines be made two weeks before the deadline. The United States believes that such an additional requirement is unnecessary and unwarranted given the requirements for enlargements of time already set forth in RCFC 6.1. Accordingly, the plaintiffs ask the Court to order that any requests for extension to these deadlines be made in advance of the deadline, as the Court did in its May 4, 2007 Order regarding discovery (Docket #96).

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Case 1:05-cv-00142-NBF

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Filed 08/22/2007

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d.

Settlement

The parties have not made any progress regarding settlement in this case.

Respectfully submitted,

s/ Michael J.D. Sweeney MICHAEL J.D. SWEENEY Getman Law Office 9 Paradies Lane New Paltz, NY 12561 Tel: (845) 255-9370 Fax: (845) 255-8649

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Maame A.F. Ewusi-Mensah MAAME A.F. EWUSI-MENSAH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 353-0503 Fax: (202) 514-8624

Attorney for Plaintiffs

August 22, 2007

Attorneys for Defendant

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Case 1:05-cv-00142-NBF

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CERTIFICATE OF FILING I hereby certify that on this 22nd day of August 2007, a copy of the foregoing "JOINT STATUS REPORT" 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/ Maame A.F. Ewusi-Mensah