Free Status Report - District Court of Federal Claims - federal

Case 1:95-cv-00650-LSM

Document 92

Filed 03/30/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ALFRED ALOISI, et al., Plaintiffs v. UNITED STATES OF AMERICA, Defendant.

) ) ) ) ) ) ) ) ) )

No. 95-650L Hon. Lawrence S. Margolis

QUARTERLY JOINT STATUS REPORT Pursuant to the Court's Orders of October 6, 1999, and May 21, 2002, counsel jointly provide the following quarterly report on the status of the matter for which the captioned case is stayed: (1) The contest proceeding before the Administrative Law Judge ("ALJ") of the

Department of the Interior remains pending. Under the Scheduling Order issued by the ALJ in August 2006, hearing is scheduled for the first two weeks in June. Also under the Scheduling Order, the parties have engaged in discovery involving document production, interrogatories and requests for admission. The parties are also briefing pre-hearing motions filed with respect to issues involved in the June hearing. (2) The parties have produced to each other all the results of their testing to date of

their splits of the samples extracted by Contestees in 2004 as part of their case preparation. (3) In February, plaintiffs in the Court of Federal Claims (Contestees in the Interior

Department proceeding) tendered a letter to the Justice Department describing their proposed framework for settling both proceedings in one package. Defendant in the Court of Federal Claims is preparing a response to plaintiffs' letter.

Case 1:95-cv-00650-LSM

Document 92

Filed 03/30/2007

Page 2 of 2

(4)

Counsel have been notified of the scheduling of their next Status Conference with

this Court on May 23, 2007, at 11:30 a.m. (5) Although this Status Report is being filed electronically by counsel for the United

States, it was reviewed and approved by, and is being filed on behalf of, counsel for all parties to the case. Service is being accomplished through the electronic notification system of this Court. Dated: March 30, 2007 Respectfully submitted, MATTHEW J. McKEOWN Acting Assistant Attorney General Environment and Natural Resources Division s/ Bruce K. Trauben ______________________________________ BRUCE K. TRAUBEN Natural Resources Section Environment and Natural Resources Division U. S. Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 (202) 305-0238 (ph) (202) 305-0267 (fax) Attorney for Defendant

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