Free Status Report - District Court of Federal Claims - federal

Case 1:04-cv-00635-CFL

Document 16

Filed 03/30/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METRIC CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 04-635C ) (Judge Charles F. Lettow) ) ) )

DEFENDANT'S STATUS REPORT Defendant disagrees with virtually every aspect of the plaintiff's two recent filings (status report and motion to exclude), except for the assertion that there is a discovery dispute. Discovery had proceeded in this case amicably

(including a jointly agreed extension of the schedule to permit plaintiff to conduct expert analysis and issue reports) until plaintiff's abrupt and unannounced refusal to continue cooperating. The last communication prior to plaintiff's refusal

was defendant's timely and clear request for access to plainly discoverable information and to work towards a final discovery and pretrial schedule. Defendant will respond to the specific allegations in plaintiff's motion to exclude in a response and cross-motion to compel to be filed shortly. Defendant will move for the case to

be stayed pending resolution of the motion to compel and will propose a pretrial schedule that includes sufficient time for the defendant's experts to complete their work after the plaintiff is compelled to disclose the information that is being withheld.

Case 1:04-cv-00635-CFL

Document 16

Filed 03/30/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Deborah A. Bynum DEPORAH A. BYNUM Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant

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Case 1:04-cv-00635-CFL

Document 16

Filed 03/30/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on March 30, 2006, a copy of foregoing "DEFENDANT'S 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/Brian S. Smith

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