Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

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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)

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 May 21, 2008 order, and requests that the Court conduct a telephonic status conference with Plaintiff and counsel for Defendant. Counsel for Defendant spoke on the phone with Plaintiff Shirley Hall ("Plaintiff") twice, on May 19th and May 20, 2008, concerning her claim. Plaintiff informed counsel for Defendant that she wanted additional time to decide whether to retain counsel, proceed pro se, or dismiss her claim. On May 20, 2008, the parties submitted a joint status report wherein Plaintiff requested 70 days additional time, until today, July 28, 2008, to make these decisions, and assuming she intended to pursue her claim, to propose a schedule today. In its May 21, 2008 order, the Court granted the parties' request to submit a status report today. Undersigned counsel followed up with a letter to Plaintiff attaching the parties May 20, 2008 status report and this Court's order. Exhibit A. Counsel for Defendant requested that Plaintiff inform him by July 14, 2008 whether she intended to pursue her claim in order for the parties to coordinate on a discovery schedule. Alternatively, if

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Plaintiff decided not to pursue her claim, counsel informed Plaintiff that the parties would need to file a joint motion to dismiss her claim. On July 10, 2008, counsel for Defendant left voicemail messages at three phone numbers provided by Plaintiff (or her former counsel) requesting that she (or her counsel if she is now represented) contact him immediately so that the parties could comply with the Court's order. Plaintiff has not responded. Based on the foregoing, counsel for Defendant respectfully requests that the Court conduct a telephonic status conference with the parties to determine whether Plaintiff intends to pursue her claim.

Dated: July 28, 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:

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Robert J. Smith Navy Litigation Office 720 Kennon Street

Rm. 233 Washington, D.C. 20374

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CERTIFICATE OF SERVICE The undersigned certifies that on this 28th day of July 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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U.S. Department of Justice Environment and Natural Resources Division

SDB 90-1-23-10297
Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 Telephone (202) 305-0424 Facsimile (202) 305-0506

May 27, 2008 Via Priority Mail, Signature Confirmation Ms. Shirley Hall 412 27th Street Virginia Beach, VA 23451 757-422-1410 (H) 757-333-2870 (C) Re: Testwuide v. United States, 01-201L (Fed. Cl.) (Consolidated Action) Dear Ms. Hall: Enclosed are the May 20, 2008 joint status report and the Court's order granting your request for additional time to decide whether you intend to pursue your overflight takings claim. The order requires us to file a joint status report on or by July 28, 2008. Please let me know as soon as possible whether you intend to pursue your claim. If you decide to proceed with the litigation then we will need to propose a discovery schedule to the Court in that status report, and it will take some coordination in advance of July 28, 2008. Consequently, inform me no later than July 14, 2008 whether you intend to pursue your claim. If you retain counsel please provide this letter to him, and direct him to call me as soon as possible. Alternatively, if you decide not to pursue your claim we will need to file a joint motion to dismiss your claim. Please be advised that I will move to dismiss your claim for failure to prosecute if I do not hear from you regarding your decision on proceeding with the litigation. I can be reached at (202) 305-0424. Again, please call me no later than July 14, 2008.

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Sincerely,

s// Steven D. Bryant Steven D. Bryant

Enclosures May 20, 2008 Joint Status Report May 21, 2008 Court Order

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