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

Case 1:04-cv-00473-MBH

Document 87

Filed 12/09/2005

Page 1 of 3

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 November 15, 2005 order, the parties submit the following status report on their attempts to resolve this matter. Since our last status report, the plaintiff has made an offer to resolve Counts 2, 3, 5, and 6 of the Fourth Amended Complaint. The Government is currently considering that offer. Count 1 was already resolved upon summary judgment and the parties believe that Counts 4 and 7 may be resolved through dispositive motions. The Government expects that it will be able to reach a decision upon the plaintiff's settlement offer soon. However, given the progress that has been made, in view of the time required for the Government to consider the settlement proposal, and given the need to avoid the expense of further discovery and the generation of exhibits for a trial that the parties all hope to avoid, the parties request that this Court suspend the scheduled pre-trial filings currently due upon December 29, 2005. The parties will continue filing bi-weekly updates regarding the status of our settlement discussions. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:04-cv-00473-MBH

Document 87

Filed 12/09/2005

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

December 12, 2005

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Case 1:04-cv-00473-MBH

Document 87

Filed 12/09/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 12th day of December, 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 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