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

Case 1:04-cv-00473-MBH

Document 35

Filed 11/23/2004

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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 November 17, 2004 order, the parties submit the following status report on jurisdictional issues in the above-titled case. The parties have agreed that the plaintiff, M.G. Construction, has not submitted any claim complying with 48 C.F.R. § 52.233-1(c) with regard to the section of the Second Claim detailed in Paragraph 16 of plaintiff's Second Amended Complaint, as well as the Third, Fourth, Fifth and Sixth Claims of that same complaint. Accordingly, the parties agree that this Court does not have jurisdiction over such claims at this time.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/James M. Kinsella JAMES M. KINSELLA Deputy Director

Case 1:04-cv-00473-MBH

Document 35

Filed 11/23/2004

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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 Attorney for Plaintiff

November 23, 2004

s/James D. Colt JAMES D. COLT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 514-7300 Fax: (202) 307-0972 Attorneys for Defendant

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Case 1:04-cv-00473-MBH

Document 35

Filed 11/23/2004

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CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of November, 2004, 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