Free Status Report - District Court of Federal Claims - federal

Case 1:06-cv-00277-RHH

Document 26

Filed 07/21/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 06-277 T (Judge Wolski) LOCUS TELECOMMUNICATIONS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ______________ STATUS REPORT ______________

Pursuant to the Court's Order of April 24, 2008, defendant respectfully submits the following status report. 1 Despite diligent efforts, the parties to date have not been able to reach a settlement in this case. In addition, on July 16, 2008, KDI Distribution, Inc., filed a motion to intervene in this case on the grounds that it has a right to a refund of a portion of the same communications excise tax that plaintiff seeks in this case. At this juncture, the parties' attorneys have not had an opportunity to discuss how this case should proceed. Accordingly, defendant requests that the Court allow the parties to file a joint status report on or before August 1, 2008, to recommend further proceedings in this case.

Plaintiff's counsel, Charles H. Helein, has been on travel outside the country and could not be consulted in order to prepare a joint status report. Accordingly, defendant files this individual report in the stead of a joint report.

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Case 1:06-cv-00277-RHH

Document 26

Filed 07/21/2008

Page 2 of 2

Respectfully submitted, s/G. Robson Stewart G. ROBSON STEWART Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office (202) 307-6493 NATHAN J. HOCHMAN Assistant Attorney General STEVEN I. FRAHM Assistant Chief Court of Federal Claims Section July 21, 2008 s/Steven I. Frahm Of Counsel

Attorneys for Defendant

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