June 13, 2003 (Coplaw) ADAMS UPDATE 6/3/03

On June 3, 2003, the Court of Federal Claims ruled on our Motion for Attorney Fees in the Adams litigation. The Court awarded a total of $590,000 in attorney fees. The Court also awarded two holdover plaintiffs damages. Eldon Hurst was awarded $18,675 and Thomas McKenny was awarded $13,093. We have an additional request for attorney fees pending which will increase the above award by a modest amount of money. We are in the process of having the above judgment paid.

As you may remember the attorney retainer agreement stipulated that any award of attorney fees would be divided among all successful plaintiffs with one third being retained by the law firm. However I will not be able to distribute this award until we know for certain how many clients were successful in the litigation. We will not know until the Court of Appeal and the Supreme Court have ruled on all issues. Upon receipt of the funds, I will deposit them in a trust account for distribution the moment all litigation ends.

We are still waiting for the Court of Appeal to set a date for oral argument in the Adams case. I expect that oral argument will take place in Washington D.C. in either August or September of 2003.

Billings (Bates) Update, 6-13-03
In the Billings (Bates) case we are just about ready to file our Writ in the Supreme Court. Because of the summer recess observed by the Court, we will not have an answer on whether the case will be accepted until October 2003.

May 5, 2003 (Coplaw) ADAMS AND BARNES UPDATE 5/5/03

In the Adams case, the government has finally filed their reply brief. Our office has also filed the final brief and the appendix. This case will now be assigned a date for oral argument within the next few months. I will post the date of argument when I am informed by the court.

In the Barnes case we have filed our final arguments for attorney fees and expect a decision in the near future. What is really important for Barnes plaintiffs is that whatever happens in the Adams case will be applied to the Barnes plaintiffs. So when Adams is finished, the ruling will be applied to
Barnes. Believe it or not I can see the light at the end of the tunnel. Thanks for your patience and understanding.

EVERETT L. BOBBITT

May 5, 2003 (Coplaw) BATES UPDATE

The Bates case (also known as Billings v. U.S.) is still at the Federal Circuit Court of Appeal. As you know the Court ruled against us on the issue of whether high-ranking employees that are subject to discipline are exempt from the FLSA. The Federal Circuit Court disagreed with the decision of the D.C. Circuit Court arguing that to rule otherwise would require everybody in the federal government to be paid overtime.

We have asked the Federal Circuit Court to rehear the matter or hear the matter en banc. This means that the entire Court would hear the matter rather than the three judges who ruled against us. If that motion is not granted, our office will request that the Supreme Court hear the case.

The decision in this case mainly affects anybody who is a PAIC or at the GS-14 level. It does not affect any other plaintiff.

EVERETT L. BOBBITT