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

Case 1:04-cv-00805-CFL

Document 57

Filed 10/18/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS STATESMAN II APARTMENTS, INC., et al., ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

Nos. 04-805C; 04-806C (consolidated) (Judge Lettow)

JOINT STATUS REPORT Pursuant to the Court's September 6, 2006 Order, plaintiffs, Statesman II Apartments, Inc., and Beach House Development Company, and defendant, the United States, respectfully submit the following report regarding the status of settlement discussions: The parties are exploring a settlement proposal by plaintiffs' counsel which involves the claims in the above-captioned action and claims by parties represented by plaintiffs' counsel that are the subject of a pending action in the United States District Court for the Northern District of Ohio. The claims of the plaintiffs in the district court action are the subject of a pending mediation. A mediator has been selected in the district court action and the plaintiffs in that action have provided financial data in support of their settlement proposal to the Department of Housing and Urban Development (HUD) for its consideration. The plaintiffs in the district court suit are awaiting HUD's response to their settlement proposal. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

Case 1:04-cv-00805-CFL

Document 57

Filed 10/18/2006

Page 2 of 2

s/Fred J. Livingstone FRED J. LIVINGSTONE, ESQ. Taft, Stettinius & Hollister LLP 3500 BP Tower 200 Public Square Cleveland, OH 44114-2302 Tele: (216) 241-2838 (fax)(216) 241-3707 Attorney for Plaintiffs Of Counsel: Mark J. Valponi Majeed G. Makhlouf Taft, Stettinius & Hollister LLP OCTOBER 18, 2006

s/John E. Kosloske JOHN E. KOSLOSKE Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., Room 8012 Washington, D.C. 20530 Tele: (202) 307-0282 (fax)(202) 514-8624 Attorneys for Defendant

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