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

Case 1:05-cv-00143-EJD

Document 36

Filed 10/13/2006

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ERNEST LONG, Et Al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-143C (Chief Judge Damich)

JOINT STATUS REPORT Defendant, the United States, and plaintiffs Ernest Long, et al., respectfully submit the following joint status report pursuant to the Court's orders dated March 3, 2006, and September 18, 2006. In our previous joint status report, the parties informed the Court that the agency had completed its review of plaintiffs' settlement proposal and that counsel for defendant had submitted a memorandum setting forth the details of plaintiff's settlement proposal for review by the appropriate Department of Justice officials. The Department of Justice completed its review on or

about September 29, 2006. Because the terms of the potential settlement of this case will, if accepted, result in a modification of the current agreement between the United States Park Police ("USPP") and the Fraternal Order of Police ("FOP"), it is necessary that USPP submit the proposed settlement terms to FOP for concurrence. Once the Department of Justice completed its review, counsel for the agency promptly contacted FOP regarding the proposed

Case 1:05-cv-00143-EJD

Document 36

Filed 10/13/2006

Page 2 of 5

settlement.

As part of that process, most recently, a meeting

between the USPP, including the Chief of Police, and FOP was held on October 11, 2006. At the present time, FOP is in the process While gaining

of discussing the terms with its union members.

concurrence by FOP has taken longer than expected, it is anticipated that this process will be completed within the next several days. An additional point of information is necessary as well. Current counsel of record for defendant is leaving the Department of Justice effective October 13, 2006. A new counsel of record

already has been assigned and briefed concerning the case and he will be entering his appearance in the next few days. The parties remain very mindful of this Court's Special Procedures Order, and in particular paragraph 4.b, concerning stay of proceedings, as well as the concerns expressed by the Court in its September 18, 2006 order regarding the number of stays already granted in this matter. Because the parties

continue to believe that significant progress towards possible settlement has been made, and believe that a final resolution regarding settlement will be made within the next several days, the parties respectfully request that all proceedings continue to be stayed for an additional period of 30 days. If the parties have not resolved this matter within 30 days from the date of the order granting a continued stay of

-2-

Case 1:05-cv-00143-EJD

Document 36

Filed 10/13/2006

Page 3 of 5

proceedings, the parties request permission to file a joint status report on November 10, 2006, informing the Court regarding the parties' efforts towards settlement or recommending further proceedings. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director OF COUNSEL: PATRICIA ARMSTRONG Office of the Solicitor Department of the Interior s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tele: (202) 307-0163 Fax: (202) 514-8624 Attorneys for Defendant

OCTOBER 13, 2006

-3-

Case 1:05-cv-00143-EJD

Document 36

Filed 10/13/2006

Page 4 of 5

s/ Robert A. Jones Robert A. Jones Chamberlain, Kaufman & Jones 35 Fuller Road Albany, New York 12205 Tele: (518) 435-9426 Fax: (518) 435-9102 Attorneys for Plaintiffs

-4-

Case 1:05-cv-00143-EJD

Document 36

Filed 10/13/2006

Page 5 of 5

CERTIFICATE OF FILING I hereby certify that on OCTOBER 13, 2006, 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. may access this filing through the Court's system. s/ David B. Stinson DAVID B. STINSON Parties