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

Case 1:98-cv-00554-VJW

Document 158

Filed 09/22/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TERRY C. BRUNNER Plaintiff, v. THE UNITED STATES, Defendant.

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98-554C (Judge Wolski)

JOINT STATUS REPORT Pursuant to this Court's August 30, 2006 order, plaintiff and defendant respectfully submit the following joint status report. The parties are in the process of attempting to develop stipulated facts, in an effort to permit this Court to determine damages without the need for a trial. The Drug Enforcement Agency is in the process of reviewing these stipulations. The parties are also simultaneously pursuing settlement negotiations, in an effort to resolve the dispute without further Court involvement. In the event that further Court involvement is necessary, the Government has indicated to plaintiff that it intends to file a motion to amend its answer, which plaintiff has indicated he will oppose. The parties also anticipate that they will be able to file stipulated facts to allow the

Case 1:98-cv-00554-VJW

Document 158

Filed 09/22/2006

Page 2 of 3

Court to determine damages without the need for a trial, in concert with cross-motions for summary judgment on damages. Accordingly, the parties respectfully request that the Court order that a joint status report be filed by October 23, 2006, either setting forth a schedule for further proceedings or indicating that the parties have made substantial progress toward settling this matter without further Court involvement. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director /s/ Gale R. Gustafson GALE R. GUSTAFSON, ESQ. Gustafon & Rohrer 400 South Main Street Conrad, Montana 59425 /s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 September 22, 2006 Attorneys for Defendant

September 22, 2006 Attorney for Plaintiff

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Case 1:98-cv-00554-VJW

Document 158

Filed 09/22/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 22nd day of September, 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. Parties may access this filing through the Court's system.

/s/ Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice

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