Free Status Report - District Court of Federal Claims - federal

Case 1:04-cv-00473-MBH

Document 32

Filed 11/15/2004

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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)

DEFENDANT'S STATUS REPORT Pursuant to this Court's October 26, 2004 Order, defendant, the United States, respectfully submits the following status report regarding summary judgment in the above-titled matter. After considering the issues related to plaintiff's first claim that it should be paid for removal of aggregate surfacing as a separate line item, as opposed to aggregate removal as part of removal of a "built up roof system," we believe that summary judgement on this claim is appropriate and would like the opportunity to file a cross-motion for summary judgment in our favor on this issue. However, to allow clarification of other issues in plaintiff's second amended complaint that might be amenable to dispositive motions, we ask that this Court continue its stay of plaintiff's motion for summary judgment until after the Government has filed an answer to that complaint. 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 32

Filed 11/15/2004

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November 15, 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 32

Filed 11/15/2004

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 15th day of November, 2004, a copy of the foregoing DEFENDANT'S 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