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

Case 1:97-cv-00381-FMA

Document 247

Filed 12/15/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________________________________ FRANCONIA ASSOCIATES, a Limited Partnership, et al., Plaintiffs, v. UNITED STATES, Defendant. ________________________________________________________________________ JOINT STATUS REPORT Pursuant to the Court's request, plaintiffs Franconia Associates L.P., et al. and defendant the United States hereby submit this Joint Status Report. The Court has requested confirmation of the effective date upon which the judgment amounts, listed in the parties' Joint Status Report dated October 29, 2004, were calculated. This report will confirm that the post-trial cash flows were discounted to December 31, 2004 (at the rate of 14% in the unrestricted model and 11% in the restricted model). This report also will confirm that the post-breach, pre-judgment cash flows associated with the unrestricted model also were discounted to December 31, 2004 (at the rate of 9%). Thus, given that the Court's Order dated August 30, 2004 provides that post-judgment cash flows and post-breach, prejudgment cash flows should be discounted to the date of judgment, the appropriate date for entry of judgment is December 31, 2004. Pursuant to the terms of the Court's Order of August 30, 2004, the parties' submission of the proposed judgment amounts and confirmation that December 31, 2004 is the appropriate date for entry of judgment, do not constitute stipulations as to the entry of any Case Nos. 97-381C and 97-381-1C through 97-381-30C (Judge Francis M. Allegra)

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Case 1:97-cv-00381-FMA

Document 247

Filed 12/15/2004

Page 2 of 2

judgment, and the parties reserve their right to appeal or otherwise seek relief from any judgment that may be entered herein.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ Jeff H. Eckland JEFF H. ECKLAND Eckland & Blando LLP 700 Lumber Exchange 10 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 305-4440 Facsimile: (612) 305-4439 Attorneys for Plaintiffs Dated: December 15, 2004 Filed Electronically With the consent of the Attorney For Defendant. s/ David M. Cohen DAVID M. COHEN Director s/ Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit Room 8012 Washington, D.C. 20530 Telephone: (202) 305-7561 Facsimile: (202) 305-7643 Attorneys for Defendant Dated: December 15, 2004

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