Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00776-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) ) and ) ) HCR MANOR CARE, INC. ) and Affiliated Subsidiaries, ) ) and ) ) MANOR CARE OF AMERICA, INC. ) and Affiliated Subsidiaries, ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

MANOR CARE, INC. (F/K/A/ HCR MANOR CARE, INC.) and Affiliated Subsidiaries,

No. 07-776 T
The Honorable Lawrence M. Baskir

JOINT STATUS REPORT Pursuant to the Order of May 27, 2008, the parties provide this report regarding the progress of settlement negotiations, and proposal for further proceedings. Counsel for the parties met to discuss settlement on July 16. At that time, plaintiff's counsel informally outlined a proposal that would result in

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Case 1:07-cv-00776-LMB

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resolution of all of the issues set out in the Complaint. At the same meeting, plaintiff provided to defendant's trial attorney certain documents and factual information. Since that time, defendant's trial attorney has discussed plaintiff's proposal with the Office of Chief Counsel, Internal Revenue Service. Attorneys in that office responsible for this case are conferring and are expected to provide additional advice to defendant's attorney. Under the circumstances, the parties propose that they be required to provide a joint status report on or before October 28, setting out the progress of settlement, and proposing further proceedings.

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Respectfully submitted, s/ Gerald A. Kafka GERALD A. KAFKA Attorney of Record LATHAM & WATKINS, LLP Suite 1000 555 Eleventh Street, N.W. Washington, D.C. 20004-1304 Phone: (202) 637-2198 Fax: (202) 637-2201 [email protected] Attorney for Plaintiffs

s/ W. C. Rapp W. C. RAPP Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Phone: (202) 307-0503 Fax: (202) 514-9440 [email protected] NATHAN J. HOCHMAN Assistant Attorney General STEVEN FRAHM Acting Chief, Court of Federal Claims Section G. ROBSON STEWART Reviewer August 28, 2008 s/ Mary M. Abate Of Counsel Attorneys for Defendant -3-