Free Status Report - District Court of Arizona - Arizona

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RICHARD M. MARTINEZ, SBA No. 7763 3131 E. Second Street Tucson, Arizona 85716 (520) 327-4797 phone (520) 320-9090 fax [email protected] Counsel for Plaintiff HARRIET M. BERNICK, SBA No. 13462 Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 (602) 514-4408 phone (602) 514-7760 fax [email protected] Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA LUCILLE A. FEDERICO, ) ) ) ) ) ) ) ) ) ) ) ) )

14 Plaintiff, 15 vs. 16 17 18 19 20 21 22 23 24 25 26 27 28 2005. Defendant. JOHN E. POTTER, Postmaster General,

CIV 03-2526 PHX JW S STATUS REPORT

The parties, by and through undersigned counsel, hereby submit in compliance with the court's order of November 1, 2005, their status report. This case was resolved at mediation with the assistance of Magistrate Judge Pyle. Since then, the parties have exchanged drafts of a settlement agreement. Defendant was provided a revised settlement agreement on October 31,

Thereafter, on November 15, 2005, Ms. Bernick called and requested that the Case 2:03-cv-02526-JWS Document 72 Filed 12/02/2005 Page 1 of 2

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revised settlement agreement be re-sent as she was having trouble opening the document. Then request was complied with on the same date. Since then, plaintiff's counsel has received no specific response to the revisions proposed. Calls to Ms. Bernick were made on November 29 th and 30 th to inquire on the status of defendant's review of the agreement. It is counsel's understanding that Ms. Bernick and her secretary are out of the office. Based on a conversation between counsel in early November that Judge Pyle's assistance may be needed to resolve the final text of the agreement, a call has been placed and arrangements made for a conference call between counsel and Judge Pyle. The date and time of the call will be finalized with Bernick, but Counsel has been advised that Judge Pyle is available the next to weeks to assist counsel. Counsel should have all text issues resolved by December 23, 2005. RESPECTFULLY SUBMITTED this 2 nd day of December, 2005

s/Richard M. Martinez Richard M. Martinez, Esq. Counsel for Plaintiff

Harriet M. Bernick, AUSA Attorney for Defendant

Case 2:03-cv-02526-JWS

Document 72

Filed 12/02/2005

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