Because the Federal Circuit's decision affirming dismissal of Washington Federal's lawsuit in the Court of Federal Claims is not final, the parties suggest it's appropriate for the government to file its motion to dismiss the Kelly Plaintiffs' complaint and complete briefing on that subject by Nov. 10. Alternatively, the parties tell the Court they're willing to wait and let the Kelly case follow Fairholme's timetable. A copy of the parties' joint status report delivered to Judge Davis yesterday is attached to this e-mail message.
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