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

Case 1:01-cv-00201-VJW

Document 98

Filed 09/14/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________________________________ ) ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) CAROL AND ROBERT TESTWUIDE, et al.,

No.: 01-201L (Honorable Victor J. Wolski)

JOINT STATUS REPORT Pursuant to this Court's Order on July 29, 2004, the parties, by and through undersigned counsel, respectfully submit this Joint Status Report. This Report does not address all topics set forth in Appendix A of the RCFC, which were addressed in the Joint Preliminary Status Report filed with the Court prior to the Status Conference on May 25, 2004. The Report only addresses those topics discussed by the parties in accordance with the Court's Order of July 29, 2004. For those subjects on which the parties do not agree, the parties submit their separate respective positions. 1. Statute of Limitations. In accordance with the Court's July 29 Order, the Parties

filed memoranda on September 9, 2004 setting forth their respective positions as to tolling the statute of limitations during the pendency of the motion for class certification. 2. Meet and Confer. The parties held a telephonic meet and confer session on September 9, 2004, at which the following issues were discussed. a. The Parties had previously scheduled the discovery deposition of Plaintiff, Robert Testwuide, for Friday, September 10, 2004. On September 9, 2004, the parties agreed to

Case 1:01-cv-00201-VJW

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cancel the deposition of Mr. Testwuide because he was extremely ill and hospitalized. The Parties agreed to leave open the possibility of his deposition in the future. This Joint Status Report was prepared by counsel for the plaintiffs and counsel for the defendant. To expedite the filing of this joint status report, plaintiffs' counsel will electronically file it on behalf of both parties. Dated: September 14, 2004

Respectfully submitted, _________/s/_______________________ Kieron F. Quinn Quinn, Gordon & Wolf, Chtd. 40 West Chesapeake Avenue Towson, MD 21204 (410) 825-2300 (410) 825-0066 fax [email protected] __________/s/______________________ Julia Evans Environment & Natural Resources Division Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 514-4485 (202) 305-0267 fax [email protected] Attorney of Record for Defendant pursuant to Rule 83.1(c)(1) Of counsel: Steven D. Bryant Environment & Natural Resources Division Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0424 (202) 305-0506 fax [email protected] Robert J. Smith
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Attorney of Record for Plaintiffs pursuant to Rule 83.1(c)(1) Of counsel: Martin E. Wolf Quinn, Gordon & Wolf, Chtd. 40 W. Chesapeake Avenue Suite 408 Towson, Maryland 21204 (410) 825-2300 [email protected] Charles R. Hofheimer Jack E. Ferrebee Kristen D. Hofheimer

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Hofheimer/Ferrebee, P.C. 1060 Laskin Road, Suite 12-B Virginia Beach, Virginia 23451 (757) 425-5200 [email protected] [email protected] [email protected] Thomas Shuttleworth Stephen C. Swain Lawrence Woodward Shuttleworth, Ruloff, Giordano & Swain 4525 South Boulevard, Suite 300 Virginia Beach, Virginia 23452 (757) 671-6000 [email protected] [email protected] [email protected]

Mary Raivel Navy Litigation Office 720 Kennon Street Rm. 233 Washington Navy Yard, D.C. 20374

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