Case 1:96-cv-00699-EJD
Document 172
Filed 11/03/2006
Page 1 of 3
IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________________________________________________ JOHN A. ADAMS and JOYCE E. ADAMS, et al., and BELLAS DOMAS, L.P., et al., Plaintiffs, v. THE UNITED STATES Defendant. ______________________________________________________________________________ File Nos. 96-699C & 98-826C (consolidated) (Judge Damich)
JOINT STATUS REPORT Pursuant to the Court's Order of June 5, 2006, the parties respectfully submit the following Joint Status Report to apprise the Court of the status of their efforts to resolve this and numerous closely-related cases through the Court's Alternative Dispute Resolution ("ADR") pilot program. The parties are pleased to report that (i) they have finalized the terms of their proposed settlement agreement; (ii) the Department of Agriculture has submitted its formal letter recommending the settlement; and (iii) the formal approval process within the Department of Justice is currently underway. The agreement encompasses over 250 Section 515 prepayment cases pending before the Court involving approximately 800 properties including this case. The principal terms of this agreement were reached during the ADR conferences held before Judge Marian Blank Horn on May 8 through 9, 2006, and further status conferences were held
Case 1:96-cv-00699-EJD
Document 172
Filed 11/03/2006
Page 2 of 3
on June 7, 2006, June 28, 2006, and August 1, 2006. The plaintiffs then formally submitted the agreement to defendant as an offer of settlement on August 23, 2006, after which status conferences with Judge Horn were held on August 25, 2006, September 27, 2006, and October 19, 2006. A further status conference is scheduled for November 16, 2006, at which time the parties will inform Judge Horn as to the status of the approval process within the Department of Justice. Thus, the parties request that this matter continue to be stayed until the settlement agreement has been approved and executed by defendant. The parties will report to the Court once the approval process is complete.
Respectfully submitted, s/ Jeff H. Eckland JEFF H. ECKLAND Mark J. Blando, Of Counsel ECKLAND & BLANDO LLP 500 Lumber Exchange 10 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 236-0160 Facsimile: (612) 236-0179 Jerry W. Snider, Of Counsel William L. Roberts, Of Counsel Mark D. Savin, Of Counsel FAEGRE & BENSON LLP 2200 Wells Fargo Center Minneapolis, MN 55402 Telephone: (612) 766-7000 Facsimile: (612) 766-1600 Attorneys for Plaintiffs PETER D. KEISLER Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director s/ Kenneth S. Kessler KENNETH S. KESSLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit Room 7026 Washington, D.C. 20530 Telephone: (202) 307-0313 Facsimile: (202) 305-7643
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Case 1:96-cv-00699-EJD
Document 172
Filed 11/03/2006
Page 3 of 3
Dated: November 3, 2006 Filed Electronically With the consent of the Attorney for Defendant
Attorneys for Defendant
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