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

Case 1:98-cv-00860-EJD

Document 70

Filed 08/17/2007

Page 1 of 2

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 hereby file this Joint Status Report regarding the status of Plaintiffs' 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. On May 4, 2007, Plaintiffs filed a Notice of Appeal to the United States Court of Appeals for the District of Columbia in that case, which was transmitted to the Court of Appeals by the District Court on May 7, 2007. On May 9, 2007, Plaintiffs filed their Docketing Statement, and Entry of Appearance, Statement of Issues To Be Raised, Certificate of Counsel, and Statement Declining Use of Deferred Appendix with the Court of Appeals. On August 14, 2007, Defendants filed their Certificate As To Parties, Rulings and Related Cases. In accordance with the May 21, 2007 Order, the parties will file a Joint Status Report within 30 days after the Court of Appeals renders its decision. 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

Case 1:98-cv-00860-EJD

Document 70

Filed 08/17/2007

Page 2 of 2

document on his behalf. Dated this 17th day of August, 2007. Respectfully submitted,

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