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

Case 1:04-cv-00634-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THOMAS D. PETERSON, SAUNDRA L. PETERSON, RANDAL J. PETERSON, SHEELAGH M. MURPHY and DON R. PARKER, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 04-634C (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to the Court's May 6, 2005 order, defendant asserts that this case presents the following purely legal issues: 1. Whether plaintiffs' claim that the Government

constructed part of a Very High Frequency Omnidirectional Range Tactical Air Navigation ("VORTAC") radar on property not covered by Lease DTFA 11-93-L-15553 is the subject of a claim submitted to the contracting officer for purposes of establishing this Court's jurisdiction to entertain that claim. 2. Whether the claim that the Government constructed part

of a VORTAC radar on property not covered by Lease DTFA 11-93-L15553 is a takings claim that plaintiffs, who did not own the property when the VORTAC was constructed, possess standing to assert. Defendant proposes July 15, 2005 for the filing of dispositive motions addressing those two issues; August 15, 2005 for plaintiffs' responses; and September 2, 2005 for defendant's

Case 1:04-cv-00634-EJD

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replies.

Lead counsel for defendant is scheduled to be in trial,

in Alaska, beginning August 15, 2005, and, therefore, does not expect to be able to reply earlier than September 2, 2005, to responses filed on August 15, 2005. Plaintiffs do not agree that these issues are properly raised in this case and reserve all rights and arguments in responding to any motions or prosecuting any motions with respect thereto. The proposed schedule for briefing any such motions is

acceptable to plaintiffs. Respectfully submitted, s/ Kevin Egan Anderson KEVIN EGAN ANDERSON PARRY ANDERSON & GARDINER 60 E. South Temple, Suite 1200 Salt Lake City, UT 84111 Billings, MT 59103-1438 Telephone: (801) 521-3434 Attorneys for Plaintiffs June 1, 2005 s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Telephone: (202) 307-0361 Facsimile: (202) 514-7965 Attorneys for Defendant June 1, 2005 2 PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

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Certificate of Filing I hereby certify that on June 1, 2005, 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. Parties

s/Timothy P. McIlmail