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

Case 1:05-cv-01223-FMA

Document 23

Filed 05/29/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1223 T (Judge Allegra) CLEARMEADOW INVESTMENTS, LLC, CLEARMEADOW CAPITAL CORP., Tax Matters Partner, Plaintiff, v. THE UNITED STATES, Defendant. ______________ JOINT STATUS REPORT ______________ As the Court requested in an Order of February 5, 2007, the parties present this joint status report and their suggestions concerning how this case should proceed. The defendant suggests that the case should be decided on cross-motions for summary judgment. The defendant hopes to file its motion and opening brief by July 9, 2007. To explain a request for what might seem to be an unusually long period in which to prepare the brief, the defendant states that discovery has produced several boxes and CDs of documents, and the defendant has taken three depositions, the transcripts of which it received only recently. In addition, the trial attorney has scheduled a long vacation in June, which he cannot conveniently reschedule.

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Case 1:05-cv-01223-FMA

Document 23

Filed 05/29/2007

Page 2 of 2

The plaintiff suggests that there may be sufficient facts in dispute that a motion for summary judgment may not be appropriate for resolution of this matter on such a motion and that trial by the parties will be necessary. The plaintiff's attorney has agreed that the defendant's trial attorney may present this document as a joint filing. Respectfully submitted, s/ Robert Stoddart ROBERT STODDART Attorney of Record U.S. Justice Department, Tax Division Court of Federal Claims Section P.O. Box 26, Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/ David Gustafson Of Counsel May 29, 2007

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