Free Joint Status Report - District Court of Federal Claims - federal

Case 1:97-cv-00694-EJD

Document 34

Filed 09/17/2004

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS INTERNATIONAL SCIENCE & TECHNOLOGY ) INSTITUTE, INC., ) ) Plaintiff, ) ) No. 97-694C v. ) ) (Judge Damich) THE UNITED STATES, ) ) Defendant. ) JOINT STATUS REPORT Pursuant to the Court's order of June 29, 2004, the parties submit the following joint status report. The parties have not been able to resolve the dispute through settlement negotiations. Consequently, the parties intend to commence fact discovery within the next few weeks in anticipation of a potential resolution of the matter by motion(s) for summary judgment. Given the complex and technical nature of the merits of the case and defendant's belief that the summary judgment may be warranted for the reasons stated by the Court in International Science & Technology Institute, Inc. v. United States, case no. 96-251C, the parties believe that it may be most effective to confine discovery at this stage to the discrete issues raised in potential motion(s) for summary judgment. The parties will notify the Court in advance of the December 3, 2004, discovery deadline whether they believe expert discovery will be required, whether they believe it necessary to expand the scope of discovery beyond potentially those germane to the motion(s) for summary judgment and, if so, whether they believe that additional time to complete fact discovery is necessary.

Case 1:97-cv-00694-EJD

Document 34

Filed 09/17/2004

Page 2 of 2

The parties have further agreed that this joint status report may be electronically filed upon behalf of both parties by counsel for defendant. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Hilary S. Cairnie HILARY S. CAIRNIE Vorys Sater Seymour & Pease LLC 1828 L Street, N.W. Washington, D.C. 20035 Tele: (202) 467-8888 Fax: (202) 533-9026 s/ Robert E. Kirschman, Jr. ROBERT E. KIRSCHMAN, JR. Assistant Director s/ Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L. St., N.W. Washington, D.C. 20530 Tele: (202) 353-0527 Fax: (202) 514-8624 Attorneys for Defendant

Attorneys for Plaintiff September 17, 2004