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

Case 1:00-cv-00198-LB

Document 41

Filed 10/31/2003

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SIMPSON TIMBER COMPANY, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 00-198C (Judge Block)

JOINT STATUS REPORT AND MOTION TO EXTEND THE SUSPENSION OF PROCEEDINGS In accordance with the Court's order dated August 22, 2003, the parties submit this status report to inform the Court of further progress the parties have made in completing the title work in preparation for the execution and recording of Reciprocal Easement Deeds for the Road Rights-of-Way. Simpson's Reciprocal Easement Deeds for the Road Rights-of-Way were recorded on September 17, 2003. The parties are now waiting for the three private title companies to issue title policies for Simpson's deeds to the United States. The title companies estimate that it will take at least three weeks to complete the title policies. After the title polices are completed and sent to the Forest Service, the Forest Service must review the policies and related documentation to ensure that all documents are in order. The Forest Service will then draft a final title opinion which must be reviewed and approved by the Office of the General Counsel for the United States Department of Agriculture in Portland. After the final title opinion is approved, the United States' Reciprocal Easement Deeds for the Road Rights-of-Way may be recorded. The parties estimate that it will take until early 2004 to accomplish the remaining tasks related to the Reciprocal Easement Deeds for the Road Rightsof-Way exchange.

Case 1:00-cv-00198-LB

Document 41

Filed 10/31/2003

Page 2 of 3

Accordingly, the parties request continued suspension of proceedings until the end of January 2004. The Court's continued patience in this matter is appreciated. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director /s/ Paul F. McQuade PAUL F. McQUADE Greenberg Traurig LLP 1750 Tysons Blvd., Suite 1200 Tysons Corner, VA 22102 DATE: /s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0282 OF COUNSEL: LAURIE RISTINO Department of Agriculture 14th & Independence Ave., S.W. Washington, D.C. 20250 Attorneys for Defendant DATE:

-2-

Case 1:00-cv-00198-LB

Document 41

Filed 10/31/2003

Page 3 of 3

CERTIFICATE OF FILING AND CERTIFICATE OF SERVICE I hereby certify that on October 31, 2003, a copy of the foregoing "JOINT STATUS REPORT AND MOTION TO EXTEND THE SUSPENSION OF PROCEEDINGS" 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. In addition, because plaintiff's counsel is unable to receive copies of electronic filings, I hereby certify under penalty of perjury that on October 31, 2003, I caused to be placed in the United States mail (first class mail, postage prepaid) copies of "JOINT STATUS REPORT AND MOTION TO EXTEND THE SUSPENSION OF PROCEEDINGS" addressed as follows: PAUL F. McQUADE Greenberg Traurig LLP 1750 Tysons Blvd., Suite 1200 Tysons Corner, VA 22102 /s/ Sheryl L. Floyd