Free Stipulation - District Court of Federal Claims - federal

Case 1:06-cv-00138-ECH

Document 15

Filed 08/16/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS QUALXSERV, LLC Plaintiff, v. THE UNITED STATES Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-138 T Judge Emily C. Hewitt

JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE OF CLAIM CONTAINED IN COUNT II OF PLAINTIFF'S COMPLAINT Pursuant to the Rule 41(a)(1) of the Rules of the United States Court of Federal Claims, Plaintiff and Defendant hereby jointly stipulate to dismissal without prejudice of Plaintiff's claim currently pending in this lawsuit for the tax quarter ending March 31, 2002. This claim, contained in Count II of Plaintiff's Complaint filed on February 16, 2006, represents $2,447.11 in federal excise taxes that Plaintiff alleged to have overpaid during the tax quarter ending March 31, 2002. This 16th day of August, 2006. AGREED AND CONSENTED TO BY: s/Thomas Borton THOMAS E. BORTON, IV Troutman Sanders LLP 600 Peachtree Street, NE Suite 5200 Atlanta, Georgia 30308 Voice: (404) 885-3000 Fax: (404) 885-3900 Email: [email protected] Dated: August 15, 2006 Attorney for Plaintiff s/Jacob Christensen / by Thomas Borton w/ express permission JACOB E. CHRISTENSEN 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 Voice: (202) 307-0878 Fax: (202) 514-9440 Email: [email protected]

Case 1:06-cv-00138-ECH

Document 15

Filed 08/16/2006

Page 2 of 2

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claim Section STEVEN I. FRAHM Assistant Chief s/ Steven Frahm/ by Thomas Borton w/ express permission Of Counsel Dated: August 15, 2006 Attorneys for Defendants