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

Case 1:01-cv-00669-FMA

Document 79

Filed 09/14/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BENJAMIN & SHAKI ALLI AND BSA CORPORATION, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 01-669C (Judge Allegra)

JOINT STATUS REPORT Pursuant to the order entered August 16, 2006, the parties, through their respective counsel of record, respectfully submit this joint status report. On or around August 28, 2006, counsel for the parties engaged in settlement negotiations by telephone, but negotiations quickly failed due to the parties widely differing views as to the facts and the law. Accordingly, it is unlikely that a settlement will be reached at this time, and the parties propose that this matter proceed with a trial upon the issue of liability. In an effort to avoid conflicts with the parties' schedules and other pending matters, the parties jointly propose the following schedule for proceeding with this case: 1. February 21, 2007: Exchange preliminary list of exhibits and witnesses pursuant to Appendix A of the Rules of the United States Court of Federal Claims ("Appendix A"), paragraph 13. March 28, 2007: Plaintiff's memorandum of fact and law and final exhibit and witness list due pursuant to Appendix A, paragraphs 14(a), 15 and 16. April 18, 2007: Defendant's memorandum of fact and law and final exhibit and witness list due pursuant to Appendix A, paragraphs 14(b), 15 and 16. May 2, 2007: Joint stipulations and motions in limine due pursuant to Appendix A, paragraph 17. May 11, 2007: Replies to motions in limine due

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Case 1:01-cv-00669-FMA

Document 79

Filed 09/14/2006

Page 2 of 2

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May 18, 2007: Pre-trial conference in Detroit, Michigan May 21, 2007 to May 25, 2007: Trial in Detroit, Michigan Respectfully submitted,

s/Eric Stempien ERIC STEMPIEN STEMPIEN & STEMPIEN PLLC 315 North Center Street, Suite 200 Northville, MI 48167 (248) 735-9200 fax: (248) 735-8863 Attorney for Plaintiffs

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Mark A. Melnick by Franklin E. White, Jr. MARK A. MELNICK Assistant Director s/Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel. (202) 307-1011 Fax. (202) 307-0972

September 14, 2006

Attorneys for Defendant

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