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

Case 1:00-cv-00200-EJD

Document 79

Filed 01/22/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS RONALD R. STICKA, TRUSTEE IN BANKRUPTCY FOR FLINTSTONE CRUSHING AND CONSTRUCTION COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) No. 00-200C ) ) (Chief Judge Damich) ) ) )

JOINT STATUS REPORT Pursuant to this Court's order directing the parties to file a Joint Status Report on or before January 23, 2004, the parties respectfully advise the Court of the following: The Government, plaintiff, and Orix Financial Services, Inc. ("Orix"), which is not a party to this litigation, have conducted negotiations regarding the terms of a proposed settlement that would resolve the above-captioned case. On October 9, 2003,

following discussions in Eugene, Oregon, the Government, plaintiff and Orix reached a non-binding understanding of the financial terms of a proposed settlement. Plaintiff and Orix

made a formal settlement proposal on or about November 7, 2003. On November 24, 2003, following approval by the Tax Division and the Department of Labor, the Civil Division approved the financial terms of the proposed settlement, subject to execution of a mutually acceptable settlement agreement. Thereafter, the

parties engaged in further negotiations regarding certain elements of the settlement. Between January 15 and January 18,

2004, the parties resolved what they hope will be the last

Case 1:00-cv-00200-EJD

Document 79

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outstanding issue.

The Government has amended the draft If the

settlement agreement to reflect the proposed changes.

amended language is acceptable to all parties to the proposed agreement, it is anticipated that the agreement will be submitted for bankruptcy approval shortly. The parties anticipate that, no later than 15 business days after the Government receives notice that the settlement agreement has been approved by the bankruptcy court, the Government will submit to the Department of Treasury or other appropriate Government agency, a request that payment be issued. Once payment has been issued, the parties will execute and file a stipulation of dismissal, with prejudice, of the complaint in this action.

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Case 1:00-cv-00200-EJD

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Todd M. Hughes TODD M. HUGHES Assistant Director s/ Richard P. Schroeder JOSEPH A. YAZBECK, JR. Yazbeck & Hanson Wells Fargo Center 1300 SW Fifth Avenue, Ste. 2750 Portland, OR 97201 Tel: 503.227.1428 Fax: 503.227.4866 email: [email protected] Attorney for Plaintiff Dated: January __, 2004 RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20005 Tele: 202.305.7562 Fax: 202.305.3291 email: [email protected] Attorneys for Defendant Dated: January __, 2004

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Case 1:00-cv-00200-EJD

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Certificate of Filing I hereby certify that on January 22, 2003, a copy of 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. Parties may access this filing through the Court's system. /s/Richard P. Schroeder