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Court Order


In the United States Court of Federal Claims
______________________________
					)
RONALD F. BERKLEY, ET AL.,		)
					)
			Plaintiffs,	)
					)		No. 98-943C
v.					)		Filed:  November 5, 1999
					)
UNITED STATES,				)
					)
			Defendant.	)
______________________________		)

				ORDER

	In an Opinion issued concurrently with this Order, the court 
granted the plaintiffs’ motion for class certification in this case.  
Consistent with discussions held at the class certification oral argument 
on Tuesday, August 31, 1999, the court, hereby, ORDERS the plaintiffs to 
file, on or before Monday, January 31, 2000, a list of plaintiffs who have 
opted into the certified class action.  The court also ORDERS the parties 
to file the administrative record on or before Monday, January 31, 2000.  
No Joint Preliminary Status Report will be filed, but the court ORDERS the 
parties to comply with the following briefing schedule for summary judgment 
motions:

  	The parties are to file a joint stipulation of facts, setting 
forth specific stipulations of agreed upon facts with appropriate 
citations to the record, on or before Monday, February 28, 2000.  The 
parties also shall submit a joint statement of issues of law on or before 
Monday, February 28, 1998.  For both joint submissions, the parties are to 
separately identify, if necessary, any statement of fact or issue of law 
which is not agreed upon by both parties, but which one party believes to 
be at issue in the case in order to assist first the parties and then the 
court determine whether the case is ripe for summary judgment or whether 
there are material facts in dispute which would preclude summary judgment.
  	If neither party intends to file a dispositive motion, the parties 
shall inform the court of this fact in a joint status report on or before 
Monday, February 28, 2000.  The status report shall propose a schedule for 
future proceedings.

  	If the defendant wishes to file any summary judgment motion, such 
submission is to be filed with the court on or before Monday, February 28, 
2000.

  	If the plaintiffs wish to file any summary judgment motion, 
such submission is to be filed with the court on or before Monday, 
March 20, 2000.  At this time, the plaintiffs will also file any 
opposition to defendant’s summary judgment motion.

  	On or before Monday, April 10, 2000, defendant will file any 
reply to plaintiffs’ opposition to defendant’s summary judgment motion, 
and defendant will also file any opposition to plaintiffs’ summary 
judgment motion.

  	On or before Monday, May 1, 2000, plaintiffs will file any 
reply to defendant’s opposition to plaintiffs’ summary judgment motion.

	Any requests to modify the schedule outlined above shall 
be presented to the court in the form of a motion for leave to amend 
this scheduling order.

	IT IS SO ORDERED.
				

					___________________________
					MARIAN BLANK HORN
						Judge


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Court Order Memorandum FAQs Complaint
Opinion Admin Record Brief DOJ Rule 56.1 Brief Plaintiffs' Motion...
Government's_Reply... Plaintiffs' Reply Brief Judge_Horn's_Decision Plaintiffs' Appeal
Gov's 7/2/01 Brief Plaintiffs' 7/30/01 Reply 4/17/02: 01-5057 PDF FILE 4/17/02: 01-5057 HTML FILE
Army Times 5/15/00 Article: Constitutional Rights at Stake


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