Free Response to Motion - District Court of Federal Claims - federal

Case 1:06-cv-00147-EJD

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Filed 08/22/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WELLPOINT, INC., formerly ANTHEM, INC., successor in interest to TRIGON HEALTHCARE, Inc., SUBSIDIARIES, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) No. 06-147 T ) The Honorable Edward J. Damich ) ) ) ) ) )

RESPONSE OF THE UNITED STATES TO PLAINTIFF'S MOTION FOR STAY

On August 17, 2006, plaintiff filed a motion seeking to stay proceedings in the instant case pending resolution of related litigation in the United States Tax Court. The Government does not object to the granting of plaintiff's motion, and in fact concurs with plaintiff's judgment that suspension of the instant case may save both parties expensive and time-consuming activities which may well prove to be duplicative and therefore wasteful. At the same time, however, the United States notes that when the related Tax Court litigation has been brought to a conclusion, it may well be necessary for the parties to the instant case to conduct discovery and to present matters to the court for resolution. Such proceedings could involve a trial. It is simply impossible for either party to predict what further proceedings may be necessary in this case until the related litigation is complete, and their attorneys have had

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Case 1:06-cv-00147-EJD

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Filed 08/22/2006

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the opportunity to review the decisions rendered, and judge what is necessary. Thus, while we join with plaintiff's judgment that resolution of the related litigation will simplify resolution of the instant case, and is the appropriate and efficient way to proceed, we observe that resolution of that litigation will not necessarily entirely resolve this case.

Respectfully submitted,

s/ W. C. Rapp W. C. RAPP Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 307-0503 Fax: (202) 514-9440 Email: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

August 22, 2006

s/ David Gustafson Of Counsel

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