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

Case 1:01-cv-00046-FMA

Document 80

Filed 06/24/2005

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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 June 2, 2005, the parties submit this joint status report. Plaintiff, Cuyahoga Metropolitan Housing Authority, has provided the Government with its calculations of the rent adjustments and the sums due plaintiff for the years in question based upon the rent adjustment limitations and damage formula endorsed by the Court, together with the cost it incurred to perform comparability studies. Plaintiff's calculations are currently being reviewed by the Government and the parties hope to be able to reach agreement as to the formula-based rent adjustments and the cost of comparability studies. The parties request that they be permitted until August 1, 2005 to attempt to reach agreement with respect to these calculations and/or to enter into a stipulated judgment or settlement agreement. Based upon the parties' discussions during the next several weeks, the United States will determine whether it will be necessary to further pursue its defense based upon mitigation.

Case 1:01-cv-00046-FMA

Document 80

Filed 06/24/2005

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: June 24, 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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