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

Case 1:04-cv-00473-MBH

Document 97

Filed 03/22/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS M.G. CONSTRUCTION, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-00473 (Judge Horn)

JOINT STATUS REPORT Pursuant to this Court's January 19, 2006 order, the parties respectfully submit the following Joint Status Report. As the parties reported in the prior Joint Status Report, M.G. Construction had not made a motion to withdraw a prior affirmative response to a Request for Admission propounded by the Government. It is M.G. Construction's intention to make a motion pursuant to Rule 36(b) of this Court to withdraw that admission. In addition the parties are considering settling various portions of the case. The parties cannot proceed with the scheduled Status Reports, Joint Stipulations of Uncontroverted Fact, and dispositive motions until it is determined what prior discovery responses can be relied upon and whether any further discovery will be necessary. For this reason, the parties request that this Court suspend the schedule previously established in its January 19, 2006 order to allow M.G. Construction to make its Rule 36(b) motion to this Court and allow any further discovery to be resolved.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:04-cv-00473-MBH

Document 97

Filed 03/22/2006

Page 2 of 3

DAVID M. COHEN Director s/James M. Kinsella JAMES M. KINSELLA Deputy Director s/Joseph A. Yazbeck JOSEPH A. YAZBECK Yazbeck, Cloran & Hanson, LLC Suite 2750 1300 S.W. Fifth Avenue Portland, OR 97201-5617 Tel: (503) 227-1428 Fax: (503) 227-4866 s/James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 Attorneys for Defendant

Attorney for Plaintiff

March 22, 2006

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Case 1:04-cv-00473-MBH

Document 97

Filed 03/22/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of March, 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 of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/James D. Colt