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

Case 1:01-cv-00718-ECH

Document 21

Filed 05/05/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) RON AND BETTY BLENDU, et al., ) ) Plaintiffs, ) No. 01-718 L v. ) ) Judge Emily C. Hewitt UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) JOINT STATUS REPORT Pursuant to the Court's Order of December 2, 2005, the parties hereby file this Joint Status Report proposing further proceedings. In accordance with the Court's Order of December 2, 2005, the parties have been engaged in factual discovery limited to title and liability issues. The parties have made their initial disclosures in accordance with RCFC 26(a)(1). In addition, on December 30, 2005, Defendants served Plaintiffs with its First Set of Interrogatories and Requests for Production. Plaintiffs have requested additional time to respond to these discovery requests and Defendant has agreed to this request. Plaintiffs have not yet responded to Defendant's discovery requests and now seek an extension of time until June 5, 2006 to so respond. Defendant does not oppose this request. Under the Court's Order of December 2, 2005, discovery on title and liability-related issues closed on April 28, 2006. To accommodate Plaintiffs' request for a further extension of time in which to respond to Defendant's pending discovery requests, the parties jointly seek an extension or re-opening of this discovery period, and request that the Court set a new deadline for the close of title and liability-related discovery of August 4, 2006. This 3-month extension will also allow Defendant time to review Plaintiffs' discovery responses and determine whether any 1

Case 1:01-cv-00718-ECH

Document 21

Filed 05/05/2006

Page 2 of 2

follow-up discovery is required. Because further discovery is required, the parties are not at this time proposing a briefing schedule on any title or liability issues. The parties propose to file a further joint status report on August 4, 2006, to propose further proceedings, including a proposed briefing schedule on any title or liability issues that the parties intend to present to the court for resolution by motion. WHEREFORE, the parties jointly request that the Court enter a revised scheduling order that (1) re-opens the discovery period on title and liability related issues; (2) sets a new deadline for Plaintiffs to respond to Defendant's discovery requests of June 5, 2006; (3) sets a new deadline for the close of title and liability related discovery of August 4, 2006; and, (4) orders the parties to file a joint status report proposing further proceedings on or before August 4, 2006. Dated: May 5, 2006 Respectfully submitted, SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment & Natural Resources Division s/ Lary C. Walker LARY C. WALKER WALKER LAW OFFICE 232 East Main Post Office Box 828 Weiser, ID 83672 TEL: (208) 414-0390 FAX: (208) 414-0404 E-MAIL: [email protected] Attorney for Plaintiffs Attorney for Defendant s/ Kristine S. Tardiff KRISTINE S. TARDIFF United States Department of Justice Environment & Natural Resources Division Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 TEL: (603) 230-2583 FAX: (603) 225-1577 E-MAIL: [email protected]

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