14Mar11

---

Second Status Report Submitted by the United States of America in the Drummon Litigation Regarding its Statement of Interest in Relation to the Enforcement of a
Third-Party Deposition Subpoena to Former President Uribe

---

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

CLAUDIA BALCERO GIRALDO et al.,
Plaintiffs,
v.
DRUMMOND COMPANY, INC et al.,
Defendants.

Civil Action No. 10-00764 (JDB)

SECOND STATUS REPORT SUBMITTED BY THE UNITED STATES OF AMERICA

The United States of America, by and through the undersigned counsel, respectfully files this status report concerning the Court's request regarding a Statement of Interest.

1. Plaintiffs seek to enforce a third-party deposition subpoena to the Former President of Colombia, Alvaro Uribe in connection with ongoing litigation in the United States District Court for the Northern District of Alabama between the above-captioned parties. See Claudia Balcero Giraldo et al., v. Drummond Company Inc., et al., 2:09cv1041 (N.D. Al.) (RDP).

2. On January 10, 2011, and in response to Plaintiffs' enforcement motion, this Court requested that the United States file a Statement of Interest, if any, in the above-captioned matter by February 11, 2011. See Claudia Balcero Giraldo et al. v. Drummond Company, Inc. et al., 10cv00764 (D.D.C.) (JDB) (Dkt. # 7).

3. On February 11, 2011, the United States submitted a Status Report informing the Court that the United Stated had recently received materials from the Government of Colombia that it had not yet had the opportunity to consider fully, and respectfully requested that this Court defer any decision that addresses head of state immunity until the United States has completed its deliberations.

4. This deposition subpoena against a former high-level foreign official raises significant issues that require consideration by the Executive Branch before a final decision can be made about the United States' potential participation in this matter. The United States had anticipated that it would be in a position to submit any views by March 14, 2011. However, the United States needs additional time to complete its consideration.

5. The United States intends to complete its consideration in time to advise the Court of its views by March 31, 2011. The United States appreciates the Court's patience, and regrets any imposition this delay may cause.

Date: March 14, 2011 Respectfully submitted,

TONY WEST
Assistant Attorney General

VINCENT M. GARVEY Deputy Branch Director

C. Lee Reeves

C. LEE REEVES
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave. NW
Washington, DC 20001
Telephone: (202) 514-4805
Facsimile: (202) 616-8470
E-mail: lee.reeves@usdoj.gov

Counsel for the United States of America

DDHH en Colombia

This document has been published on 21Apr11 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.