Free Status Report - District Court of Federal Claims - federal

Case 1:03-cv-00538-GWM

Document 33

Filed 12/21/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ATOFINA PETROCHEMICALS, INC., ) ) Plaintiff, ) No. 03-538C ) (Judge Miller) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) PLAINTIFF'S STATUS REPORT Pursuant to the June 14, 2005 Order of the Court, Plaintiff, ATOFINA Petrochemicals, Inc., on behalf of both Plaintiff and Defendant, respectfully submits this Status Report. Counsel for the United States has read and concurs in this report. The parties respectfully advise the Court that on September 21, 2007, the Unites States Court of Appeals for the Federal Circuit issued its decision in ConocoPhillips v. United States, No. 2007-5005, 2007, 501 F.3d 1374 (Fed Cir. Sept. 21, 2007) affirming the U.S. Court of Federal Claims' dismissal of select ConocoPhillips claims. Further, on September 28, 2007 the US Court of Appeals for the Federal Circuit issued its ruling in Tesoro Hawaii Corp. v. United States, No. 2007-5022 , 2007 WL 2818640 (Fed. Cir. Sept. 28, 2007) also the affirming U.S. Court of Federal Claims' dismissal of select Tesoro claims. Accordingly, and in view of the above rulings, Plaintiff is considering settlement of the instant litigation and expects to reach a decision by January 21, 2008.

Case 1:03-cv-00538-GWM

Document 33

Filed 12/21/2007

Page 2 of 2

Respectfully submitted,

s/ Ronald H. Uscher RONALD H. USCHER Peckar & Abramson, P.C. Two Lafayette Centre 1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 Telephone: (202) 293-8815 Facsimile: (202) 293-7994 Attorneys for Plaintiff, ATOFINA Petrochemicals, Inc. December 21, 2007