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

Case 1:06-cv-00222-NBF

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Filed 06/01/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 06-222 T (Judge Nancy B. Firestone)

LLOYD W. BAILEY et. al. (including STEVEN J. KOEHLER and JANIS Z. KOEHLER), Plaintiffs, v. THE UNITED STATES, Defendant. ______________ JOINT STATUS REPORT ______________ Pursuant to the Court's Order [Doc. #16], the parties hereby provide the following report. The order provided that, ten days following a decision on the government's motion to dismiss in McGann v. U.S., Fed. Cl. No. 05-1189, the parties "shall file a joint status report . . . proposing the next steps in the litigation." See Order [Doc. #16] at 1. On May 17, 2007, the Court denied the government's motion to dismiss in McGann. The Court held that consideration of the taxpayers' refund claim was not barred by the six month period for filing an administrative refund claim set forth in 26 U.S.C. § 6230(c)(2)(A). See McGann v. U.S., - - Fed. Cl. - - , 2007 WL 1464570 (Fed. Cl. May 17, 2007). With respect to the next steps, the parties recommend that the Court continue the stay in this case pending the final disposition of McGann. The parties earlier informed the Court that McGann arises from essentially the same fact pattern as and presents common issues of fact and law with this case. See JPSR [Doc. #13] ¶ 4(b); see also Order [Doc. #16] at 1. Given the -1-

Case 1:06-cv-00222-NBF

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identity of fact pattern and common issues of fact and law (material individual issues of law and fact may also exist), the parties believe that the final resolution of McGann likely will have substantial impact on the resolution of the present case. And while, as of the filing of this report, a schedule for further proceedings in McGann has not been established, the parties agree that further proceedings in McGann are necessary. In sum, the parties believe the efficient administration of justice would be significantly promoted by continuing the stay in this case pending the final disposition of McGann. Accordingly, the parties recommend that the Court continue the stay in this case, and that, within 30 days of the final disposition of McGann, they file a joint status report expressing their views on how the outcome of McGann impacts this case and proposals for further proceedings. Should the Court decide not to continue the stay in this case, the parties request the opportunity to submit another joint status report proposing a schedule for dispositive motions and/or discovery. Plaintiffs' attorney has consented to defendant's attorney signing and filing this Joint Status Report on her behalf. Respectfully submitted,

06/01/2007 Date

s/Sallie W. Gladney by s/Bart D. Jeffress SALLIE W. GLADNEY Redding & Associates, P.C. 2914 West T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (fax) Attorneys for Plaintiffs -2-

Case 1:06-cv-00222-NBF

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Filed 06/01/2007

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06/01/2007 Date

s/Bart D. Jeffress BART D. JEFFRESS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section

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s/Steven I. Frahm Of Counsel Attorneys for Defendant

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