Free Order Lifting Stay - District Court of Federal Claims - federal

Case 1:06-cv-00402-FMA

Document 9

Filed 07/10/2007

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In The United States Court of Federal Claims
No. 06-402T (Filed: July 10, 2007) __________ ALAN SCOTT FITZ AND PAULINE ANN FITZ, Plaintiffs, v. THE UNITED STATES, Defendant. _________ ORDER __________ On July 27, 2006, the court stayed proceedings in this case until further order of the court and directed the parties to file a joint status report within 14 days of the issuance of a final decision in Keener v. United States, Fed. Cl. No. 03-2028T, and Smith v. United States, Fed. Cl. No. 04-907T, indicating how this case should proceed. On April 18, 2007, the court issued an opinion in these consolidated cases, Keener v. United States, 76 Fed. Cl. 455 (2007), indicating that the court lacks subject matter jurisdiction over the period of limitations and tax motivated interest claims. On May 2, 2007, the parties filed a joint status report proposing that the court wait until final appellate action in Keener and Smith before dismissing the period of limitation and tax motivated interest claims in this case. The parties further acknowledged that the Federal Circuit's decision in Hinck v. United States, 446 F.3d 1307 (Fed. Cir. 2006), where it was determined that the court lacks subject matter jurisdiction over the interest abatement claims in this case, was under review by the Supreme Court. The parties also noted that plaintiffs' counsel intends to voluntarily dismiss the remaining claims, basis restoration/termination and § 447/481 income recapture. On June 22, 2007, the Supreme Court issued a final decision affirming Hinck. 127 S. Ct. 2011 (2007). On July 9, 2007, the court issued an order in Keener directing the parties, on or before August 8, 2007, to either file a joint stipulation of dismissal, or that plaintiffs, defendant, or both parties should file an appropriate motion.

Case 1:06-cv-00402-FMA

Document 9

Filed 07/10/2007

Page 2 of 2

Accordingly, this case is hereby restored to the active docket. On or before August 8, 2007, the parties shall file a joint status report indicating how this case should proceed. IT IS SO ORDERED. s/ Francis M. Allegra Francis M. Allegra Judge

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