Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 272

Filed 05/20/2008

Page 1 of 2

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 pursuant to this Court's April 21, 2008 order. Counsel for Defendant has unsuccessfully attempted to speak with Plaintiff Doris Edney ("Plaintiff") concerning her plans for proceeding with her claim. Counsel for Defendant sent a letter to Plaintiff on May 5, 2008 requesting that she contact me immediately so that the parties could comply with this Court's order. Exhibit A. The United States Postal Service return receipt indicates that Plaintiff received the letter on May 13, 2008; however, counsel has not been contacted by Plaintiff. Exhibit B. On May 16 and May 19, 2008 Counsel for Defendant attempted to call Plaintiff on the cellular phone number provided by Plaintiff's former counsel. Counsel for Defendant left messages on both occasions informing Plaintiff of our responsibility to file a joint status report pursuant to this Court's order by May 21, 2008. Undersigned counsel further informed Plaintiff that I would be out of town in connection with another case the evening of May 20, 2008. Consequently, in order for the parties to comply with the Court's order Plaintiff would need to respond to me before noon on May 20, 2008

1

Case 1:01-cv-00201-VJW

Document 272

Filed 05/20/2008

Page 2 of 2

Counsel for Defendant respectfully requests 30 days until June 20, 2008 to confer with Plaintiff. If unsuccessful, Defendant will thereafter move to dismiss Plaintiff's claims with prejudice for failure to prosecute.

Dated: May 20, 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
2