Free Joint Status Report - District Court of Federal Claims - federal

Case 1:02-cv-01228-TCW

Document 75

Filed 11/02/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GULF INSURANCE CO. and THE MOUNTBATTEN SURETY CO., Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 02-1228C (Judge Wheeler)

SIXTH JOINT STATUS REPORT On October 16, 2006, the United States filed an Unopposed Motion to Stay Proceedings in this case, pending resolution of Travelers Indemnity Co. v. United States, Federal Circuit docket number 06-5143. On that same date, this Court granted the Government's motion and ordered this case stayed "until fifteen days following the resolution of Travelers." On May 9, 2007, the parties filed a motion seeking modification of the stay in this case. On May 18, 2007, the Court modified the stay. Pursuant to that modification, this case is stayed "until fifteen days following the resolution of Travelers Indemnity Co. v. United States, 72 Fed. Cl. 56 (2006), or National American Insurance Co. v. United States, Fed. Cir. No. 2007-5016." As part of the modification order, the Court required the parties to continue to file joint status reports each 60 days.

Case 1:02-cv-01228-TCW

Document 75

Filed 11/02/2007

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On August 23, 2007, the United States Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims decision in National American Insurance Company v. United States, 498 F.3d 1301 (Fed. Cir. 2007). On September 27, 2007, the United States filed a motion seeking an extension of 30 days in which to seek rehearing. On October 4, 2007, the Court granted the Government's request for an extension to and including November 7, 2007, noting that no further extensions would be granted. The United States continues to evaluate whether to seek review of the Court's decision in National American Insurance Company v. United States. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

JEANNE E. DAVIDSON Director

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Case 1:02-cv-01228-TCW

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s/ Eric R. Stanco ERIC R. STANCO Eric R. Stanco & Associates 126 C Street, N.W. Washington, D.C. 20001

s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

s/ Robert G. Barbour ROBERT G. BARBOUR Watt, Tieder, Hoffar & Fitzgerald, L.L.P. 7929 Westpark Drive, Suite 400 McLean, Virginia 22102

s/ Ronald G. Morgan RONALD G. MORGAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 307-0367 Fax (202) 514-7969 Attorneys for Defendant

Attorneys for Plaintiffs

November 2, 2007

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Case 1:02-cv-01228-TCW

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CERTIFICATE OF FILING I hereby certify that, on this 2nd day of November 2007, a copy of the foregoing "SIXTH JOINT STATUS REPORT" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Ronald G. Morgan Eric R. Stanco, Esquire Eric R. Stanco & Associates 126 C Street, N.W. Washington, D.C. 20001

Robert G. Barbour, Esquire Watt, Tieder, Hoffar & Fitzgerald, L.L.P. 7929 Westpark Drive, Suite 400 McLean, Virginia 22102