Free Response to Order to Show Cause - District Court of Federal Claims - federal

Case 1:07-cv-00698-LMB

Document 21

Filed 06/30/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 07-698T (Filed: June 30, 2008) ****************************************** GENE H. YAMAGATA, * Plaintiff, * * v. * * THE UNITED STATES OF AMERICA, * Defendant. * * * ****************************************** RESPONSE TO ORDER TO SHOW CAUSE Plaintiff Gene H. Yamagata ("Yamagata") has reviewed the Court's sua sponte Order to Show Cause dated June 25, 2008, and agrees that his case (07698T) filed on September 27, 2007, should be consolidated with Rex and Ruth Maughan's similar case (07-704T) filed on September 28, 2007. The two cases are similar and rely on many of the same factual issues and legal conclusions. It is in the best interest of the parties and the court to consolidate. Rule of the Court of Federal Claims (RCFC) 42 appropriately authorizes the consolidation.

1

Case 1:07-cv-00698-LMB

Document 21

Filed 06/30/2008

Page 2 of 2

RESPECTFULLY SUBMITTED this 30th day of June, 2008. GRANT & VAUGHN, P.C.

By/s/ Merwin D. Grant Merwin D. Grant 6225 North 24th Street, Suite 125 Phoenix, Arizona 85016 Attorneys for Yamagata

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been filed via ECF with a copy transmitted electronically this 30th day of June, 2008, to: JASON BERMANN U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, DC 20044 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief By: /s/ Dianna L. Knothe

2