Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 275

Filed 05/27/2008

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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 Plaintiffs has been unable to locate Ann Werner, 1272 Alanton Drive, Virginia Beach, Virginia 23454 despite telephone calls, written correspondence, computer searches, and the retention of a private investigator. previous Joint Status Report, Plaintiffs' Counsel As proposed in the a website

published

(www.searchforannwerner.com) in an attempt to constructively notify Ms. Werner of the pending settlement. Counsel received no helpful responses and, therefore, the Parties will file a joint motion to dismiss Ms. Werner's claims with prejudice. II. PLAINTIFFS REJECTING SETTLEMENT The following Plaintiffs have rejected the settlement: Doris Jane Edney Shirley Hall Alexei and Natalija Savostyanov

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Case 1:01-cv-00201-VJW

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The Court has allowed Plaintiffs' counsel to withdraw from representing the Plaintiffs that have rejected the settlement. Plaintiffs Alexei and Natalija Savostyanov and Doris Jane Edney have informed counsel for Defendant that they are not interested in pursuing their claims. Defendant expects to file motions with these Plaintiffs to voluntarily dismiss their claims shortly. Since the previous Joint Status Report, the following Plaintiffs have accepted the settlement: William III and Tracy Himchak Gary and Mary Hubbard III. PLAINTIFFS REFUSING TO COMPLY WITH THE TERMS OF THE SETTLEMENT AGREEMENT The following Plaintiffs who have previously stated they accept the settlement and who still own their homes refuse to provide the United States with an avigation easement in violation of the Settlement Agreement: 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. IV. PLAINTIFFS WITHOUT A VALID PROPERTY INTEREST Plaintiffs' counsel has determined that Plaintiff Joyce James has never owned the property (205 Dozier Lane, Virginia Beach, Virginia 23454) that she is purported to own in the Whitley v. United States (04-1331L) complaint. The United States has filed a motion to dismiss, which Plaintiffs' Counsel will not oppose. The motion is pending.

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The parties have reached an agreement resolving the issues regarding Plaintiffs Charles and Betty Watkins, 3810 Atlantic Avenue, Virginia Beach, Virginia 23451 (Whitley v. United States (04-1331L) complaint). V. AVIGATON EASEMENTS NOT YET SIGNED, REQUIRING REVISION AND/OR LIENS RELEASED In addition to the issues noted above, there remain 11 easements that have not been finalized. Eight properties involve outstanding lien issues, two involve revised property descriptions, 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 and to allow the Parties to file the Joint Motion to Dismiss the claim of Ann Werner. Respectfully submitted,

__/s/ Jack E. Ferrebee Jack Ferrebee Hofheimer/Ferrebee, P.C. 1060 Laskin Road, Suite 12B Virginia Beach, VA 23451 (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 [email protected] Attorney of Record for Defendant pursuant to Rule 83.1(c)(1)

Attorney of Record for Plaintiffs pursuant to Rule 83.1(c)(1)

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Of counsel: Kieron F. Quinn Martin E. Wolf Quinn, Gordon & Wolf, Chtd. 102 W. Pennsylvania Avenue Suite 402 Towson, Maryland 21204 [email protected] [email protected] 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]

Of counsel: Robert J. Smith Navy Litigation Office 720 Kennon Street Rm. 233 Department of the Navy Washington, D.C. 20374

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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