Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 255

Filed 01/04/2008

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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 entered into by the parties on May 15, 2007. I. PLAINTIFFS WHO HAVE NOT BEEN LOCATED Counsel for the Plaintiffs have been unable to locate the following Plaintiff despite telephone calls, written correspondence, computer searches, and the retention of a private investigator: Ann Werner, 1272 Alanton Drive, Virginia Beach, Virginia 23454 The parties respectfully request that the Court order publication in a newspaper with nationwide circulation for a period prescribed by the Court. Should the Plaintiff named above fail to respond within the prescribed period, the parties request that the named Plaintiff be dismissed with prejudice. The other individuals Counsel for the Plaintiffs were unable to locate as reflected in the previous joint status report have since been located and are participating in the settlement.

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Case 1:01-cv-00201-VJW

Document 255

Filed 01/04/2008

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II. PLAINTIFFS REJECTING SETTLEMENT The following five Plaintiffs have, to date, rejected the settlement: Gary and Mary Hubbard Alexei and Natalija Savostyanov Shirley Hall Doris Jane Edney William III and Tracy Himchak The parties request an additional 60 days within which to attempt reach a settlement with the Defendant on behalf of the rejecting Plaintiffs. At the end of that period, if a settlement has not been concluded with respect to the five Plaintiffs, counsel propose to file an additional Joint Status Report with respect to these Plaintiffs. III. AVIGATON EASEMENTS NOT YET SIGNED, REQUIRING REVISION AND/OR LIENS RELEASED There are approximately 115 easements that have not been finalized, primarily involving proposed revisions and outstanding lien issues. The parties are diligently working with one another to resolve these remaining issues in accordance with the settlement agreement. The parties request 60 days from this date within which to submit a joint status report with respect to the five Plaintiffs who have to date rejected the settlement, the remaining easements, and the one Plaintiff who has not been located.

Respectfully submitted,

__/s/ Jack E. Ferrebee Jack Ferrebee Hofheimer/Ferrebee, P.C. 1060 Laskin Road, Suite 12B Virginia Beach, VA 23451 (757) 425-5200
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/s/ Steven D. Bryant_____ Steven D. Bryant Environment & Natural Resources Division Department of Justice P.O. Box 663

Case 1:01-cv-00201-VJW

Document 255

Filed 01/04/2008

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[email protected]

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 Washington, D.C. 20374

Attorney of Record for Plaintiffs pursuant to Rule 83.1(c)(1) Of counsel: Kieron F. Quinn Martin E. Wolf Quinn, Gordon & Wolf, Chtd. 40 W. Chesapeake Avenue 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] 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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