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

Case 1:04-cv-00473-MBH

Document 96

Filed 03/03/2006

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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. On February 23, 2006, Government counsel took the depositions of Paula and Miguel Garcia. At Mr. Garcia's deposition, plaintiff's counsel stated that, to be consistent with Mr. Garcia's testimony, M.G. Construction withdrew one of the admissions that M.G. Construction had previously made in response to Government Requests for Admission pursuant to Rule 36 of this Court. However, M.G. Construction has not made any motion to withdraw or amend any admissions previously made. The Government is assessing the impact of Mr. Garcia's testimony and reserves the right to seek relief from this Court if necessary. In subsequent status reports, the parties shall inform the Court of the progress of this matter and the need to seek relief from this Court prior to proceeding with dispositive motions.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

Case 1:04-cv-00473-MBH

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Filed 03/03/2006

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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 3, 2006

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Case 1:04-cv-00473-MBH

Document 96

Filed 03/03/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 3rd 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