Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 283

Filed 06/26/2008

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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. PLAINTIFF WHO HAS NOT BEEN LOCATED Counsel for the parties have prepared a joint motion to dismiss with prejudice the claim of Ann Werner, the plaintiff who could not be located. The motion will be filed as soon as possible. II. PLAINTIFFS REJECTING SETTLEMENT Plaintiffs Doris Jane Edney and Shirley Hall are the remaining plaintiffs who have rejected the settlement. Counsel for Plaintiffs has withdrawn their appearance on behalf of both (with the Court's approval). The Court has scheduled a status conference to address the procedure for addressing the claim of Ms. Edney, and a Joint Status Report is scheduled to be filed in July for the claim of Ms. Hall. III. PLAINTIFFS REFUSING TO COMPLY WITH THE TERMS OF THE SETTLEMENT AGREEMENT

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Case 1:01-cv-00201-VJW

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The following Plaintiffs who have previously stated they accept the settlement and who still own their homes still refuse to provide the United States with an avigation easement: Charles Flora Buddy Matthews Buffy Waller The United States has filed a Motion to Enforce the Settlement Agreement as to these Plaintiffs, which remains pending. These Plaintiffs have been sent copies of the Motions and been informed that Plaintiffs' Counsel cannot represent them with regard to these Motions. IV. PLAINTIFFS WITHOUT A VALID PROPERTY INTEREST The United States has filed a motion to dismiss the claim of Plaintiff Joyce James (205 Dozier Lane, Virginia Beach, Virginia 23454), which Plaintiffs' Counsel will not oppose. The motion is pending. V. AVIGATON EASEMENTS NOT YET SIGNED, REQUIRING RELEASE OF LIENS In addition to the issues noted above, there remain 9 properties that have not been finalized. Eight properties involve outstanding lien issues, and one has been sent to Guam for execution. The parties are diligently working with one another to resolve these remaining issues in accordance with the Settlement Agreement. The parties request an additional 30 days from this date within which to submit a joint status report with respect to the remaining easements. VI. STATUS OF PLAINTIFFS' ATTORNEY OF RECORD

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Case 1:01-cv-00201-VJW

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Plaintiffs' Attorney of Record pursuant to RCFC 83.1(c)(1), Jack E. Ferrebee, is retiring from the practice of law. Plaintiffs request that Martin E. Wolf be substituted as Attorney of Record in his place. Respectfully submitted,

/s/ Martin E. Wolf Martin E. Wolf Quinn, Gordon & Wolf, Chtd. 102 W. Pennsylvania Avenue Suite 402 Towson, Maryland 21204 (410) 825-2300 [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 [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 Department of the Navy Washington, D.C. 20374

Attorney of Record for Plaintiffs pursuant to Rule 83.1(c)(1) Of counsel: Kieron F. Quinn Quinn, Gordon & Wolf, Chtd. 102 W. Pennsylvania Avenue Suite 402 Towson, Maryland 21204 [email protected] 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]

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Case 1:01-cv-00201-VJW

Document 283

Filed 06/26/2008

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Thomas Shuttleworth Stephen C. Swain Lawrence Woodward Charles Lustig Shuttleworth, Ruloff, Swain, Haddad & Morecock 4525 South Boulevard, Suite 300 Virginia Beach, Virginia 23452 (757) 671-6000 [email protected] [email protected] [email protected] [email protected]

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