Free Motion for Clarification - District Court of Federal Claims - federal

Case 1:95-cv-00790-MCW

Document 102

Filed 12/20/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

MOLA DEVELOPMENT CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 95-790C (Judge Williams)

DEFENDANT'S MOTION FOR CLARIFICATION CONCERNING STATUS CONFERENCE Defendant, the United States, respectfully submits this motion for clarification concerning the telephonic status conference scheduled for Wednesday, January 3, 2007, at 3:30 p.m. We had originally filed a motion requesting a status conference for the purpose of assessing the best way to bring this case to resolution. See Defendant's Motion For Status Conference, Mola Development Corp. v. United States, No. 95-790C (Fed. Cl. Dec. 12, 2006), at 2. Counsel for plaintiff, Paul R. Franke, III, had been contacted by telephone and had indicated that plaintiff did not oppose our request for a status conference held for this purpose. The Court accordingly scheduled the status conference upon receipt of our motion. However, two days after the Court scheduled the status conference, it issued an opinion that brought the case to resolution. Judgment was entered the following day. Accordingly, a status conference no longer appears to be necessary. Therefore, we respectfully request that the Court clarify whether it still intends to conduct the status conference.

Case 1:95-cv-00790-MCW

Document 102

Filed 12/20/2006

Page 2 of 3

Respectfully submitted, STUART E. SCHIFFER Deputy Assistant Attorney General DAVID M. COHEN Director /s/ William F. Ryan WILLIAM F. RYAN Assistant Director /s/ Sameer Yerawadekar SAMEER YERAWADEKAR Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-4696 Fax: (202) 307-0972 Attorneys for Defendant

OF COUNSEL: WILLIAM G. KANELLIS Trial Attorney Department of Justice December 20, 2006

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Case 1:95-cv-00790-MCW

Document 102

Filed 12/20/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 20th day of December 2006, a copy of the foregoing "DEFENDANT'S MOTION FOR CLARIFICATION CONCERNING STATUS CONFERENCE" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/ Sameer Yerawadekar