Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00151-ECH

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Filed 11/13/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS RYCO CONSTRUCTION CO. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 01-151C (Judge Hewitt)

JOINT STATUS REPORT Pursuant to the Court's August 11, 2003 order, the parties submit the following joint status report.1 Since the granting of the parties' joint motion to stay proceedings on August 11, 2003, the parties have held several settlement discussions and exchanged several settlement proposals. Most recently, on November 6, 2003, counsel for

plaintiff submitted a counter proposal to counsel for defendant. Currently, defendant is in the process of considering plaintiff's counter proposal. Assuming the parties can agree upon an amount that can be recommended to the appropriate settlement authority, additional time will be necessary to draft a memorandum requesting authority from the appropriate Department of Justice official to settle the case. If the offer is accepted by the appropriate Department of

Justice official, additional time then would be necessary to

The Court's order requires the filing of a joint status report every 30 days. Our previous status report was filed on October 14, 2003. Accordingly, this status report is due to be filed by November 13, 2003.

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Case 1:01-cv-00151-ECH

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prepare a settlement agreement or stipulation for entry of judgment for filing with the Court. Pursuant to the Court's August 11, 2003 order, the parties will file a status report with the Court on or before December 15, 2003, discussing the parties' progress towards possible settlement of this case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Todd M. Hughes TODD M. HUGHES Assistant Director s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0290 Fax: (202) 514-8624 Attorneys for Defendant Date: November 13, 2003

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s/ Paul M. Mahoney PAUL M. MAHONEY Jones, Mahoney, Brayton & Soll 150 West First Street, Suite 280 Claremont, California 91711 Tele: (909) 399-9977 Fax: (909) 399-5959 Date: November 12, 2003

Attorney for Plaintiff

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 13th day of NOVEMBER 2003, I caused to be placed in United States mail (first-class mail, postage prepaid) copies of "JOINT STATUS REPORT" addressed as follows:

PAUL M. MAHONEY Jones, Mahoney, Brayton & Soll 150 West First Street, Suite 280 Claremont, California 91711 s/ David B. Stinson