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

Case 1:01-cv-00046-FMA

Document 85

Filed 11/04/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CUYAHOGA METROPOLITAN HOUSING AUTHORITY, ) ) ) ) ) ) ) ) ) ) ) Nos. 01-46C, 01-251C, 01-416C (Judge Allegra)

Plaintiff, v. THE UNITED STATES, Defendant.

JOINT STATUS REPORT Pursuant to the Court's order dated October 6, 2005, the parties submit this joint status report. The parties have continued their efforts to negotiate a resolution of this case and, as a result of such negotiations, on October 28, 2005, CMHA provided the Government a written offer containing the material terms of a proposed settlement. The Government is in the process of considering this offer. The parties are mindful of the Court's instruction that, in the absence of a settlement by November 4, 2005, the Court would establish a discovery schedule and set a trial date. Accordingly, the parties request that they be afforded until January 15, 2005 to complete discovery, and that the date for trial be set at least 30 days after the completion of discovery. The parties intend to continue their settlement discussions during the period that the Court designates for discovery and hope to reach a negotiated resolution of this matter.

Case 1:01-cv-00046-FMA

Document 85

Filed 11/04/2005

Page 2 of 2

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

s/Fred J. Livingstone FRED J. LIVINGSTONE Taft, Stettinus & Hollister LLP 3500 BP Tower 200 Public Square Cleveland, OH 44114-2302 Telephone: (216) 241-2838 Facsimile: (216) 241-3707 Attorney for Plaintiff Of counsel: Vark J. Valponi Majeed G. Makhlouf Dated: November 4, 2005

s/Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 353-0527 Facsimile: (202) 305-2118 Attorneys for Defendant

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