Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 300

Filed 09/11/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (E-filed September 11, 2008) ______________________________________ ) CAROL AND ROBERT TESTWUIDE, et al., ) ) Plaintiffs, ) ) v. ) No.: 01-201L ) (Judge Victor J. Wolski) THE UNITED STATES OF AMERICA, ) ) Defendant. ) _____________________________________ ) DEFENDANT'S STATUS REPORT Defendant hereby submits the following status report with respect to Plaintiff Shirley Hall in lieu of the Joint Status Report directed by the Court in its August 5, 2008 order. The order referenced the telephonic status conference conducted earlier the same day where Plaintiff requested and the Court granted additional time to decide whether she intends to pursue her claim. The Court's order stated, in part, that: Ms. Hall must determine whether she wants to hire counsel or continue to represent herself, and whether she desires to bring the case to trial or has reconsidered the possibility of settlement. During the week of September 1, 2008 Ms. Hall (or her attorney if she has one) shall contact government counsel to discuss what Ms. Hall has chosen to do. Undersigned counsel was not contacted by Plaintiff or counsel on her behalf during the week of September 1, 2008. On September 8, 2008, counsel for Defendant left a voicemail message for Plaintiff reminding her that she (or her counsel if she is represented) was required to contact counsel for Defendant last week to indicate her intentions with respect to her claim, as well as the parties' joint obligation to file a status report by September 12, 2008. Undersigned counsel further advised that he would be out of the office on military leave

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Case 1:01-cv-00201-VJW

Document 300

Filed 09/11/2008

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September 11-12, 2008, and therefore, requested that Plaintiff (or her counsel) return the call by September 9, 2008. As of this filing, Plaintiff has not responded. Plaintiff has had an inordinate amount of time to determine whether she intends to pursue her claim, but has failed to do so. The settlement agreement, which Plaintiff rejected, was executed on May 15, 2007. On April 21, 2008 this Court granted Plaintiff's counsel's motion to withdraw from representing Plaintiff, and ordered Plaintiff to inform the Court by May 21, 2008 whether she intended to substitute new counsel and pursue her claims. Plaintiff has been given two extensions of time totaling an additional 100 days to inform the Court whether she intends to pursue her claims. Defendant intends to file a motion to dismiss Plaintiffs' claims with prejudice for failure to prosecute unless the Court directs an alternative procedure. See Claude E. Atkins Enter., Inc. v. United States, 899 F.2d 1180 (Fed. Cir. 1990); Kadin Corp. v. United States, 782 F.2d 175 (Fed. Cir. 1986).

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Case 1:01-cv-00201-VJW

Document 300

Filed 09/11/2008

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Dated: September 11, 2008

Respectfully submitted,

Ronald J. Tenpas Assistant Attorney General Environmental & Natural Resources Division United States Department of Justice

s//Steven D. Bryant Steven D. Bryant Environment & Natural Resources Division Department of Justice Washington, D.C. 20044-0663 (202) 305-0424 (202) 305-0506 fax [email protected] Attorney of Record for Defendant pursuant to Of counsel: Robert J. Smith Navy Litigation Office 720 Kennon Street

Rm. 233 Washington, D.C. 20374

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Case 1:01-cv-00201-VJW

Document 300

Filed 09/11/2008

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CERTIFICATE OF SERVICE The undersigned certifies that on this 11th day of September 2008, a true and correct copy of the foregoing DEFENDANT'S STATUS REPORT was sent by overnight courier (Federal Express), postage prepaid, to Plaintiff:

Ms. Shirley Hall 412 27th Street Virginia Beach, VA 23451

s//Steven D. Bryant Steven D. Bryant

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