USDA Imagery Planning & Coordination Meeting MAPPS Lawsuit Overview Geoff Gabbott USDA, FSA, Aerial Photography Field Office

2 April 6, 2006Complaint filed June 9, 2006Complaint amended June 20, 2006Motion to Dismiss, Notice of Hearing, & Memorandum in Support of Defendant’s Motion to Dismiss July 11, 2006Plaintiff’s Memorandum in Opposition of Defendant’s Motion to Dismiss July 18, 2006Reply to Memorandum in Support of Defendant’s Motion to Dismiss Nov 14, 2006Judge Ellis denied the government's motion to dismiss Feb 2, 2007Hearing set for 2:00 PM in Alexandria, Virginia Dec 1, 2006Request for Discovery issued Dec 4, 2006Request for Discovery received MAPPS Lawsuit

3 In response to the societies' petition, the government had filed a preliminary motion to dismiss, claiming that these professional organizations lacked proper standing to file its case because they are not directly affected by the FAR. In his November 14, 2006, Order, Judge Ellis denied the government's motion, set an accelerated schedule for the case, and set the date for a hearing on dispositive motions for February 2, 2007, at 2:00 PM in Alexandria, Virginia. MAPPS Lawsuit

4 "We are delighted the court has ruled in our favor," said John Palatiello … By granting the professional organizations our day in court, we can finally make our case and hear the government's rationale for not acting to properly promulgate the regulations. We feel confident that when the court hears the preponderance of evidence that Congress has clearly provided that the Brooks Act applies to surveying and mapping services, it will rule in our favor." MAPPS Lawsuit