Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:00-cv-00544-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________ No. 00-544 T (Judge Baskir) GRAND TRUNK WESTERN RAILROAD INCORPORATED, Plaintiff, v. THE UNITED STATES, Defendant. _________________ JOINT MOTION FOR LEAVE TO FILE JOINT STATUS REPORT OUT OF TIME _________________ Plaintiff and Defendant hereby jointly move the Court to accept the parties' Joint Status Report for filing out of time. Pursuant to the Court's Order filed December 20, 2002, a Joint Status Report is to be filed every 45 days in this matter, reporting on the progress of proceedings in CSX Corp. v. United States, Fed. Cl. No. 95-858 T, and other matters relevant to the instant case. Through an oversight while Plaintiff's counsel was away from the office, the parties neglected to file the Joint Status Report due October 30, 2006. To the parties' knowledge, this is the first Joint Status Report in this case which has not been timely filed. Future Joint Status Reports will of

Case 1:00-cv-00544-LMB

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course be timely filed, beginning with the Joint Status Report due December 13, 2006. The parties ask the Court to accept the Joint Status Report filed concurrently with this motion. A proposed order is attached.

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Respectfully submitted,

Nov. 13, 2006 Date

s/ Steven C. Lambert STEVEN C. LAMBERT Attorney of Record for Plaintiff Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007 Tel: (202) 295-4067 Fax: (202) 672-5399 Of Counsel for Plaintiff: RICHARD F. RILEY, JR. Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007

Nov. 13, 2006 Date

s/ Benjamin C. King BENJAMIN C. KING, JR. Attorney of Record for Defendant Tax Division, Court of Federal Claims Section U.S. Department of Justice Post Office Box 26 Ben Franklin Station Washington, DC 20044 Tel: (202) 307-6506 Fax: (202) 514-9440 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

Nov. 13, 2006 Date

s/ David Gustafson Of Counsel

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________ No. 00-544 T (Judge Baskir) GRAND TRUNK WESTERN RAILROAD INCORPORATED, Plaintiff, v. THE UNITED STATES, Defendant. _________________ ORDER _________________

On Joint Motion of the Parties filed November 13, 2006, the Joint Status Report due to have been filed October 30, 2006, which was submitted on November 13, 2006, is accepted for filing out of time. The Clerk is directed to accept the Joint Status Report for filing.

__________________________ Judge

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________ No. 00-544 T (Judge Baskir) GRAND TRUNK WESTERN RAILROAD INCORPORATED, Plaintiff, v. THE UNITED STATES, Defendant. _________________ JOINT STATUS REPORT _________________

Pursuant to the Court's Order filed December 20, 2002, Plaintiff and Defendant hereby file this Joint Status Report regarding the progress of proceedings in CSX Corp. v. United States, Fed. Cl. No. 95-858 T, and other matters relevant to the instant case. The Court's December 20, 2002 Order stayed all proceedings in the instant case pending issuance of a final nonappealable decision in the CSX case, and directed that the parties continue to file Joint Status Reports in the instant case on February 14, 2003 and every 45 days thereafter. As reported in the parties' previous Joint Status Report, final judgment was entered in CSX Corp. v. United States, Fed. Cl. No.

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95-858 T, on August 14, 2006. Both parties in CSX have now filed notices of appeal to the United States Court of Appeals for the Federal Circuit, where the appeals have been docketed as Fed. Cir. Nos. 07-5003 and 07-5007.

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Respectfully submitted,

Nov. 13, 2006 Date

s/ Steven C. Lambert STEVEN C. LAMBERT Attorney of Record for Plaintiff Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007 Tel: (202) 295-4067 Fax: (202) 672-5399 Of Counsel for Plaintiff: RICHARD F. RILEY, JR. Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007

Nov. 13, 2006 Date

s/ Benjamin C. King, Jr. BENJAMIN C. KING, JR. Attorney of Record for Defendant Tax Division, Court of Federal Claims Section U.S. Department of Justice Post Office Box 26 Ben Franklin Station Washington, DC 20044 Tel: (202) 307-6506 Fax: (202) 514-9440 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

Nov. 13, 2006 Date

s/ David Gustafson Of Counsel

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