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

Case 1:01-cv-00669-FMA

Document 57

Filed 05/10/2005

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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 January 18, 2005, the parties, through their respective counsel of record, respectfully submit this joint status report. Shortly after the close of discovery, the parties engaged in discussions regarding a potential settlement of this matter. Despite the parties' efforts, the negotiations were unsuccessful, and it is expected that this matter will proceed to trial on issues of liability. Paragraph 11 of Appendix A to the Rules of the United States Court of Federal Claims provides that upon the completion of all discovery, the Court will hold a post-discovery conference to determine how the case will proceed. The parties propose that a post-discovery conference be scheduled in this case on one of the following dates: June 29, 2005; June 30, 2005; July 6, 2005; or July 7, 2005.1 The parties also propose that the post-discovery conference be held telephonically to prevent unnecessary expense to plaintiffs, whose counsel resides in Michigan.

Defendant's counsel is scheduled to begin a six-week trial before this Court on May 12, 2005 in Precision Pine & Timber, Inc. v. United States, No. 98-720C. This trial is expected to end on or around June 23, 2005.

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Case 1:01-cv-00669-FMA

Document 57

Filed 05/10/2005

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Moreover, the Court's January 18, 2005 order specifically directed the parties to propose a schedule for pre-trial proceedings and trial if the case was not settled. However, the parties believe that some, but not all, of the issues in this case may be resolved on motions for summary judgment. Therefore, the parties propose that a briefing schedule for summary judgment motions be scheduled prior to setting a schedule for pre-trial proceedings and trial. This will provide the parties and the Court with an opportunity to narrow the issues to be argued at trial. Accordingly, the parties propose the following briefing schedule for cross-motions for summary judgment: August 1, 2005 August 15, 2005 August 24, 2005 Cross-Motions For Summary Judgment Due Response Briefs Due Reply Briefs Due

September 14, 2005 Hearing On Motions For Summary Judgment

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 MARK A. MELNICK Assistant Director

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Case 1:01-cv-00669-FMA

Document 57

Filed 05/10/2005

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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 May 10, 2005 Attorneys for Defendant

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