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


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Date: April 19, 2007
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Case 1:06-cv-00096-TCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DENNIS W. JORDAN, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 06-96C (Judge Thomas C. Wheeler)

JOINT STATUS REPORT Pursuant to this Court's most recent order, the parties respectfully submit this joint status report regarding the parties' efforts to amicably resolve this action during the stay period. As indicated in the joint status report filed on March

8, 2007, the plaintiff has informally offered to settle this matter amicably and he expressed his willingness to meet with the defendant to discuss this matter further. Accordingly, the During the

parties met in Denver, Colorado on March 13, 2007.

meeting, the parties discussed the possibility of resolving this matter amicably. Currently, the parties are in agreement that

the stay in this matter should be briefly extended. The parties remain in agreement that our discussions during the stay period have been beneficial and that additional discussions between counsel may lead to the resolution of this case. To this end, plaintiff's counsel has indicated that

plaintiff, Mr. Dennis Jordan, is willing to discuss settlement with the Internal Revenue Service ("IRS"), the Federal agency

Case 1:06-cv-00096-TCW

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involved in this matter, for another two weeks.

Assuming that a

settlement is ultimately approved and accepted by the authorized representatives of the Government and the plaintiff, the parties would then expect to file a joint stipulation for the dismissal of this case with prejudice. However, should the parties'

discussions not prove fruitful during the next two weeks, Mr. Jordan would prefer that this matter be decided by the Court. A continued stay of further proceedings pending the completion of our settlement efforts is appropriate and in the interests of judicial economy. Accordingly, the parties

respectfully request that the stay of this matter be extended through April 30, 2007, to complete the parties' efforts to resolve this matter amicably. Should this action not be resolved by April 30, 2007, we respectfully request that the parties be ordered to simultaneously file a supplemental brief with respect to the pending dispositive motion. For the foregoing reasons, and

during the interim, we respectfully request that this matter be stayed to complete the parties' efforts to resolve this matter amicably. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/ Kent G. Huntington KENT G. HUNTINGTON Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel.: (202) 305-7561 Fax: (202) 353-7988 April 19, 2007 Attorneys for Defendant

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April 19, 2007

s/ William Mahaffey H. William Mahaffey Rothgerber Johnson & Lyons LLP 90 S. Cascade, Suite 1100 Colorado Springs, CO80903 Tel.: (719) 386-3000 Fax: (719) 386-3070

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CERTIFICATE OF FILING I hereby certify that on April 19, 2007, a copy of the foregoing "JOINT STATUS REPORT" was filed electronically. I understand that notice of this of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Kent G. Huntington Kent G. Huntington