Free Status Report - District Court of Federal Claims - federal

Case 1:04-cv-00471-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JH PARKER CONSTRUCTION COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 04-471C (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to the Court's order, dated September 28, 2006 ("Order"), the parties respectfully submit the following status report concerning the progress of settlement discussions. Plaintiff, JH Parker Construction Company, Inc. ("Parker"), has made a settlement offer to the United States. The authorized

representative of the Attorney General has accepted Parker's offer. Pursuant to their agreement, the parties will file a stipulation for dismissal after certain obligations have been met. The parties recommend that another joint status report be

filed on December 15, 2006, if the case has not been dismissed before that date. Pursuant the Order, the parties respectfully submit the following detailed chronology of events related to settlement discussions. On or about September 19, 2006, a first draft of a memorandum recommending settlement was submitted to a supervisor. In early October, it was determined that additional legal

Case 1:04-cv-00471-EJD

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research was required.

By October 12, 2006, a second draft of

the memorandum was completed, and a letter was sent to the agency describing the settlement offer. A few days later, the agency

responded, and the second draft of the memorandum was submitted to a supervisor for review. in the offer was identified. On October 24, 2006, counsel for the parties agreed that a settlement agreement could be drafted that would assure that the potential ambiguity was eliminated. A draft settlement agreement Subsequently, Subsequently, a potential ambiguity

was provided to Parker on October 26, 2006.

revisions were agreed, and a draft settlement agreement suitable for review by supervisors at the Department of Justice was finalized on November 1, 2006. On November 2, 2006, Parker's offer was accepted by the authorized representative of the Attorney General. The parties anticipate that a settlement agreement will soon be executed, and submitted to the Judgment Fund. Once payment is

made in accordance with the terms of the settlement agreement,

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the parties intend to file a joint stipulation of dismissal with prejudice. Respectfully submitted, S/ Carter Reid CARTER REID Watt, Tieder, Hoffar & Fitzgerald 8405 Greensboro Drive Suite 100 McLean, VA 22102 Tele: (703) 749-1028 Fax: (703) 893-8029 Attorney for Plaintiff Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/Bryant G. Snee BRYANT G. SNEE Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: (202) 616-0856 Fax: (202) 514-7969 November 3, 2006 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on November 3, 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 by operation of the Court's electronic filing system. may access this filing through the Court's system. S/ James W. Poirier Parties

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