Free Order - District Court of Federal Claims - federal

Case 1:06-cv-00402-FMA

Document 11

Filed 09/04/2007

Page 1 of 1

In The United States Court of Federal Claims
No. 06-402T (Filed: September 4, 2007) __________ ALAN SCOTT FITZ AND PAULINE ANN FITZ, Plaintiffs, v. THE UNITED STATES, Defendant. _________ ORDER __________ On July 10, 2007, the court lifted the stay on proceedings in this case, restoring the case to the active docket, and ordered the parties to file a joint status report on or before August 8, 2007. On August 8, 2007, the parties filed a joint status report stating that plaintiff planned to voluntarily dismiss the claims for interest abatement, basis/restoration termination, and § 447/481 income recapture, and requesting that the court stay the remainder of the case pending final resolution on appeal of Keener v. United States, Fed. Cl. No. 03-2028T, and Smith v. United States, Fed. Cl. No. 04-907T. Accordingly, the court hereby orders that: 1. On or before October 1, 2007, plaintiff shall file a notice of voluntary dismissal of the claims for interest abatement, basis/restoration termination and § 447/481 income recapture. The remainder of this case is stayed pending a final appellate decision in Keener v. United States, Fed. Cl. No. 03-2028T, and Smith v. United States, Fed. Cl. No. 04-907T.

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IT IS SO ORDERED. s/ Francis M. Allegra Francis M. Allegra Judge