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

Case 1:04-cv-00487-LB

Document 17

Filed 02/10/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, Plaintiff, v.

THE UNITED STATES, Defendant.

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No. 04-487C (Judge Block)

JOINT STATUS REPORT Pursuant to the Court's order, dated October 25, 2005, the parties present this joint status report. Discovery has been completed as scheduled. The Government intends to file a motion for summary judgment in this case and proposes that it be filed on or before Monday, March 13, 2006, which is 31 days hence. Plaintiff's response and the Government's reply would be due as dictated by the Court's rules. Plaintiff notes that its complaint in this case was filed nearly two years ago. Plaintiff requests the Court to now determine the appropriate location of trial, either Seattle, Washington or Anchorage, Alaska, and set a trial date and other pretrial deadlines. Additionally, plaintiff believes the remaining schedule for this case should provide for ADR or a settlement conference at some point prior to trial. To date, there have been no meaningful settlement discussions between the parties. Plaintiff's offer to participate in mediation has thus far been declined by the Government.

Case 1:04-cv-00487-LB

Document 17

Filed 02/10/2006

Page 2 of 2

The Government believes, however, that it would be better to address these issues, if necessary, only after the Court has had the opportunity to rule upon its motion for summary judgment. Plaintiff does not believe this case will be resolved on summary judgment and to defer setting a trial schedule until after a ruling on the Government's motion would jeopardize the ability of the parties and the Court to conduct a trial of this case during the summer or early fall of this year. Respectfully submitted, s/ James T. Hopkins JAMES T. HOPKINS Schiffrin Olson Schlemlein & Hopkins 1601 Fifth Avenue, Suite 2500 Seattle, WA 98101 Washington, DC 20005 Tel. (206) 448-8100 Fax (206) 448-8514 Attorneys for Plaintiff PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ James M. Kinsella JAMES M. KINSELLA Deputy Director

s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel. (202) 305-7586 Fax (202)514-7969 Attorneys for Defendant February 10, 2006

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