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

Case 1:98-cv-00860-EJD

Document 71

Filed 04/28/2008

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UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, et al. ) ) ) Defendants. ) ____________________________________) WALTER J. ROSALES, et al. CASE NUMBER: 98 -860-L

JOINT STATUS REPORT Judge Edward J. Damich

Pursuant to this Court's Order dated May 21, 2007 (Doc. 69), the parties last filed a Joint Status Report on August 17, 2007 (Doc. 70) regarding the status of Plaintiffs' May 4, 2007 appeal in Rosales et al. v. United States et al., No. 03 Civ 1117 (D.D.C. March 8, 2007) denying Plaintiffs' motion for summary judgment and granting Defendants' cross-motion for summary judgment. The May 21, 2007 Order requires the parties to file a joint status report within 30 days after the Court of Appeals renders its decision. On March 27, 2008, the case was considered by the United States Court of Appeals for the District of Columbia on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The United States Court of Appeals for the District of Columbia, in an unpublished disposition, affirmed the District Court's grant of summary judgment. The Clerk was directed to withhold issuance of the mandate therein, until seven days after resolution of any timely petition for rehearing en banc, pursuant to Fed. R. App. P. 41(b) and D.C. Cir. R. 41. Pursuant to Fed. R. App. P. 41(b) and D.C. Cir. R. 41, Plaintiffs have 45 days to petition for a rehearing from the March 27, 2008 judgment. Pursuant to 28 U.S.C. § 2101(c), Plaintiffs

Case 1:98-cv-00860-EJD

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have 90 days to petition for certiorari. Within 30 days of (1) taking action under either Fed. R. App. P. 41(b) and D.C. Cir. R. 41 or 28 U.S.C. § 2101(c), or (2) the expiration of the time to petition for certiorari, the parties will file another joint status report in order to update this Court of what has occurred. Plaintiffs will keep the Defendants apprised of any actions taken. Counsel for the parties hereto have consulted on the preparation of this Joint Status Report, and counsel for Plaintiffs has authorized counsel for the United States to sign this document on his behalf. Dated this 28th day of April, 2008. Respectfully submitted,

RONALD J. TENPAS Assistant Attorney General United States Department of Justice Environment and Natural Resources Divsions By: s/ Samantha Klein_________ SAMANTHA KLEIN Trial Attorney United States Department of Justice Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0474 Facsimile: (202) 305-0506 [email protected] Attorneys for Defendants

WEBB & CAREY s/ Patrick D. Webb PATRICK D. WEBB Webb & Carey 401 B Street Ste 306 2

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San Diego, Calif. 92101 Tel(619) 236-1650 Fax(619)236-1283 Attorneys for Plaintiffs

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