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

Case 1:04-cv-00473-MBH

Document 92

Filed 01/18/2006

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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 December 9, 2005 order, the parties submit the following status report on their attempts to resolve this matter. The Government is considering the plaintiff's settlement offer. However, the parties are not optimistic about the possibility of resolving this matter at this time. Although the parties had hoped that settlement at this stage would negate the necessity of depositions of Miguel Garcia and another witness, the Government previously obtained this Court's permission to take these depositions, even though fact discovery has ended. The parties will schedule such depositions within the next 60 days. Given the inability of the parties to ascertain prior to the completion of such depositions the extent of the case that may be resolvable through dispositive motions, the parties request that this Court suspend the current schedule for filing of Joint Stipulations of Law and Joint Stipulations of Fact, as well as the filing of dispositive motions, until the parties have completed the planned depositions. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:04-cv-00473-MBH

Document 92

Filed 01/18/2006

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) 514-7300 Fax: (202) 307-0972 Attorneys for Defendant

Attorney for Plaintiff

January 18, 2005

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Case 1:04-cv-00473-MBH

Document 92

Filed 01/18/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 18th day of January, 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