Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00027-EGB

Document 88

Filed 12/07/2007

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PAUL S. HARTER, P.C.
1 599 Fast
Orangevood.

Suite 125

Phoenix. Arirona X5020 Phone: 602-256-0337

Paul S. Ilarter. Bar No. 003592 Alicia Mvkvta. Bar No. 010070 Att'rnivs for Plaintiff

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JOHN S. MOST
Trial Attorney, Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Washington D.C. 20044 A tI0IllL'V/OF DeJndant

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS 10 11 Plaintiff, 12
V.

PLACER MINING CO., INC.. dlb/a THE NEW BUNKER HILL MINING CO..

Civil Case No. 01-27 L JOINT STATUS REPORT (Assigned Bruggink) to the Honorable Eric G.

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THE UNITED STATES, Defendant. Counsel for the Parties undersigned advise the Court that they have personally conferred and have also spoken with their respective clients regarding this matter. Based upon the information provided by the clients and after consultation, counsel advise the Court as follows: 1. The Plaintiff is continuing with the sale transaction previously disclosed to the

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Court. 2. The prospective purchaser has met with the Environmental Protection Agency

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on multiple occasions to discuss and negotiate a Consent Decree in Case No. 04-126-N-EJL, District of Idaho, a CERCLA enforcement action brought by the United States. Department of Justice counsel for the Environmental Protection Agency (neither Mr. Most nor Ms.
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Case 1:01-cv-00027-EGB

Document 88

Filed 12/07/2007

Page 2 of 2

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Byrne) has indicated he will begin preparation of the necessary and appropriate Consent Decree(s). 3. It is the intention of the Parties to the enforcement action that upon execution of

4 S 6 a Consent Decree(s) in a form and substance agreeable to the purchaser, the Plaintiff and the United States, that Case No. 04-126-N-EJL. District of Idaho. will be terminated. 4. 8 9 10 11 12 RESPECTFULLY SUBMITTED this 13
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It is the intention of the Parties to this case that upon the execution of the

Consent Decree(s) and the closing of the purchase/sale transaction, the subject litigation will be dismissed with prejudice, each Party to bear its own attorney fees and costs. 5. Counsel for Defendant, John S. Most, is filing this document electronically on

behalf of both Parties, as reflected in the signature blocks below day of December, 2007.

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PAUL S. HARTER, P.C.

/s/ Paul S. Harter by John S. Most Attorney for Plaintiff

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UNITED STATES DEPARTMENT OF JUSTICE

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John S. Most Attorney for Environment & Natural Resources Division U.S. Department of Justice
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