Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 291

Filed 07/28/2008

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

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

JOINT STATUS REPORT Plaintiffs and Defendant hereby submit the following status report regarding the pending conclusion of the Settlement and Agreement & Release ("Settlement Agreement") entered into by the parties on May 15, 2007. I. PLAINTIFFS REJECTING SETTLEMENT Plaintiffs Doris Jane Edney and Shirley Hall are the remaining plaintiffs that rejected the settlement. Counsel for Plaintiffs no longer represents either of these plaintiffs. Ms. Edney's claim is the subject of an order issued by the Court on July 25, 2008. Ms. Hall's claim will be addressed in a separate status report Defendant will submit to the Court today. II. PLAINTIFFS REFUSING TO COMPLY WITH THE TERMS OF THE SETTLEMENT AGREEMENT The following Plaintiffs said they accepted the settlement and still own their homes but have refused to provide the United States with an avigation easement: Charles Flora Buddy Matthews Buffy Waller

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Case 1:01-cv-00201-VJW

Document 291

Filed 07/28/2008

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The United States has filed a Motion to Enforce the Settlement Agreement as to these Plaintiffs, which remains pending. The Court has scheduled a status conference with Mr. Matthews and undersigned counsel for July 29, 2008. III. PLAINTIFFS WITHOUT A VALID PROPERTY INTEREST The United States' Motion to Dismiss Plaintiff Joyce James (205 Dozier Lane, Virginia Beach, Virginia 23454) is pending. The Court has severed Ms. James from the present case and opened a new case in her name. IV. AVIGATON EASEMENTS NOT YET SIGNED, REQUIRING REVISION AND/OR LIENS RELEASED In addition to the issues noted above, there remain seven easements with outstanding issues. The parties are working to resolve one of these easements. It does not appear that the remaining six easements will be resolvable. The parties are discussing a mutually agreeable deduction from the settlement funds to address these easements. The parties request an additional 60 days from this date within which to submit a joint status report with respect to these seven easements (or six easements if the seventh is resolved).

Respectfully submitted,

__/s/ Martin E. Wolf Martin E. Wolf Quinn, Gordon & Wolf, Chtd 40 W. Chesapeake Avenue Towson, Maryland 21204 (757) 425-5200 [email protected]

/s/ Steven D. Bryant_____ 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
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Case 1:01-cv-00201-VJW

Document 291

Filed 07/28/2008

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[email protected] Attorney of Record for Plaintiffs pursuant to Rule 83.1(c)(1) Of counsel: Kieron F. Quinn Quinn, Gordon & Wolf, Chtd 40 W. Chesapeake Avenue Towson, Maryland 21204 [email protected] Attorney of Record for Defendant pursuant to Rule 83.1(c)(1) Of counsel: Robert J. Smith Navy Litigation Office 720 Kennon Street Rm. 233 Washington, D.C. 20374

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

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