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

Case 1:04-cv-00473-MBH

Document 103

Filed 06/16/2006

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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 May 25, 2006 order, the parties respectfully submit the following Joint Status Report. On May 30, 2005, M.G. Construction made a formal offer to resolve counts two through seven of the Fourth Amended Complaint. On June 10, 2006, defendant's counsel sent M.G. Construction a letter informing plaintiff's counsel that the Government accepted M.G. Construction's offer. The parties are currently crafting a written agreement to formalize their understanding. When the representatives of both parties have signed said agreement, and when payment pursuant to said agreement has been effected, the parties shall file a joint stipulation of dismissal, with prejudice, of the resolved counts, pursuant to Rule 41(a)(1) of this Court. After that is complete, this Court will be able to enter a final appealable judgment upon count one of this matter. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

Case 1:04-cv-00473-MBH

Document 103

Filed 06/16/2006

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s/Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant 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

June 16, 2006

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Case 1:04-cv-00473-MBH

Document 103

Filed 06/16/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 16th day of June, 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