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

Case 1:05-cv-01188-MBH

Document 40

Filed 04/06/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________ No. 05-1188 T Judge Horn TEXTRON INC., Plaintiff, v. THE UNITED STATES, Defendant. __________________ JOINT STATUS REPORT __________________ As indicated in their last status report, the parties have reached a settlement agreement in this case. Defendant has instructed the Internal Revenue Service to process overpayments of excise tax according to the settlement agreement. The Service is still processing the overpayments according to the settlement agreement, as directed by the defendant. Such processing by the Service generally requires six to eight weeks. Once the overpayments are processed, the parties will file a motion for voluntary dismissal with prejudice, pursuant to Rule 41(a). In light of this status report and the parties' imminent filing of a stipulation for dismissal, the parties do not believe that the telephonic conference, scheduled for April 12, 2007, is necessary and ask that it be postponed or canceled.

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2375374.1

Case 1:05-cv-01188-MBH

Document 40

Filed 04/06/2007

Page 2 of 2

Additionally, defendant's counsel wishes to inform the Court that he and his wife are expecting the birth of their first child at any time (due April 16) and that he may be unavailable for the conference. Should this occur, he will notify the Court and opposing counsel, if necessary. Respectfully submitted,

s/Paul Kattas PAUL L. KATTAS JOSEPH A. BOYLE JACOB J. MILES Kelley Drye & Warren 101 Park Avenue New York, New York 10178 (212) 808-7800

s/Jacob Christensen JACOB E. CHRISTENSEN 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) 307-0878 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section G. ROBSON STEWART Reviewer s/G. Robson Stewart Of Counsel Dated: April 6, 2007 Attorneys for Defendant

Dated: April 6, 2007 Attorneys for Plaintiff

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