Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:01-cv-00344-LB

Document 131

Filed 05/16/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ROBERT J. ISLER and SUSAN L. ISLER, Plaintiffs, vs. UNITED STATES OF AMERICA Defendant. § § § § § § § § § § § §

DOCKET NO. 01-344 T Judge Lawrence J. Block

PLAINTIFFS' UNOPPOSED MOTION TO ENLARGE TIME TO FILE STATUS REPORT Pursuant to its opinion at Prati v. U.S., --- Fed.Cl. ----, 2008 WL 1777380 (2008) (Fed. Cl. 02-60 T), on April 16, 2008, this Court ordered the parties to file a Joint Status Report addressing how to proceed with regard to the following cases: Anderson, Robert (06-53); Atkinson, Charles (05-1249); Bailey, B. Ralph (06-39); Blinder, Mark (06-52); Chapman, Bill (04-1762); Donaldson, Robert (01-386); Durr, William (05-932); Ettelson, Donald (05-1004); Farneti, John Jr. (04-1760); Glasser, Mark (05-1141); Golbuff, Alex (05-1224); Hall, Thomas (05-222); Huebner, Gene (04-1742); Holland, David (06-405); Horsley, Wilson (04-1766); Hubbell, James (05-565); Johnson, Richard (06-398); Keefe, Joseph (05-1402); Kirwan, Martin (05-489); Kraemer, Kenneth (04-1761); Lyon, Donald (04-1324); Malouf, Scott (04-1744); Marks, Paul (04-1763); Martin, Robert (05-1251); McDaniel, George (04-1788); McGann, Thomas (06-430); Meunier, Gerald (05-880); Morris, John (05-933); Penni, Jonathan (04-1161); Rossman, Neil (07-346); Rutherford, H. Doug (04-1767); Sardinas, Alfredo (05-1250); Scuteri, Jeffrey (04-1160); Steffansson, Sturla (06-399); Ungs, Jerome (04-1764); Weiner, Morris (01-623); Whittington, G. Dale (05-220); Wong, William (06-404); Bolen, Richard (02-696); Isler, Robert (01-344); Lewis, David (02-1080); Mastropieri,

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Case 1:01-cv-00344-LB

Document 131

Filed 05/16/2008

Page 2 of 3

Carmen (02-910); McMenamin, Hugh (04-1745); Pineo, Helen (02-401); Prendergast, James (04-1819); Scuteri, Jeffrey (01-358); and Penni, Samuel (04-1818). Plaintiffs Robert J. and Susan L. Isler respectfully request that the time for filing the joint status report be extended until 10 days after the Court rules on the motion for reconsideration currently pending in Prati (02-60 T). For cause the plaintiffs would show: Shortly after the Court issued its opinion in Prati judgments were entered in 77 related cases. Counsel for the Plaintiffs here also represents the taxpayers in each of those cases. Counsel prepared and timely filed a motion for reconsideration addressing the merits of the Prati opinion and also undertook an individual review of each of the other 77 cases to determine which contained individual issues not covered by the Court's determinations in Prati. Timely Rule 59 motions were filed in at least 15 of the 77 cases based on individual issues. While reviewing the 77 cases related to Prati, counsel also conducted individual reviews of approximately 70 related cases pending in the federal district courts of the Fifth Circuit as part of the §6621(c) penalty interest settlement procedures agreed to with the Dallas, Texas office of government counsel. On May 8, 2008, the government filed its brief in Keener v. United States, before the Federal Circuit at Docket No. 08-5004. Counsel here also represents the Keeners. The Appellants reply brief is currently due to be filed on or before May 27, 2008. The outcome in Keener is anticipated to control most, if not all, of the common issues in this case, Prati, and the other 77 referenced cases. Separate motions for summary judgment are currently due to be filed on or before May 23, 2008, in Bush v. United States (Fed.Cl. 02-1041 and 04-1598, consolidated) and Shelton v. United States (Fed. Cl. 02-1042 and 04-1595, consolidated), the test cases for a different partnership group on different issues than the Prati/Keener related cases.

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Case 1:01-cv-00344-LB

Document 131

Filed 05/16/2008

Page 3 of 3

After the Prati opinion was issued, the nephew of one of the Plaintiffs' counsel was involved in a serious motorcycle accident that has left him in a coma with life-threatening injuries. Counsel has been called on to make arrangements for and manage his personal and medical affairs for the time being. The parties have agreed on the Joint Status Report in Penni, Samuel (04-1818), which should be filed contemporaneously with this motion. However, Plaintiffs' counsel has been unable to completely review the roughly 50 cases related to the status report in this cases. Counsel for the defendant has represented that the United States does not oppose the granting of this motion. WHEREFORE, Plaintiffs respectfully request that the time for filing the status report in this case extended until 10 days after the Court rules on the motion for consideration currently pending in Prati. Respectfully

/e/ Thomas E. Redding Thomas E. Redding Texas State Bar No. 1661300 Redding & Associates, P.C. 2914 W. T. C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (Fax) ATTORNEY FOR PLAINTIFFS OF COUNSEL FOR PLAINTIFFS: Teresa J. Womack Texas State Bar No. 00788707 Redding & Associates, P.C. 2914 W. T. C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (Fax)

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