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

Case 1:05-cv-01188-MBH

Document 31

Filed 10/06/2006

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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 __________________ The parties submit this joint status report pursuant to the Court's September 6, 2006 order. In their previous status report, filed on September 6, 2006, the parties notified the Court that an issue had arisen with respect to the authenticity of the invoices plaintiff provided to defendant to substantiate its claim for refund. The parties informed the Court at that time that plaintiff was gathering evidence, at defendant's request, in an effort to resolve the issue. On October 4 and 6, 2006, plaintiff provided an affidavit and correspondence, which it contends should provide adequate evidence that the invoices provided to defendant are authentic and that plaintiff is properly owed the refund. Therefore, defendant will review the evidence provided, but may seek formal discovery if it believes the evidence is not sufficient to establish

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Case 1:05-cv-01188-MBH

Document 31

Filed 10/06/2006

Page 2 of 2

authenticity. Once this issue is resolved, plaintiff and defendant's trial attorney believe they are in agreement as to the amount of any overpayment due to plaintiff, and do not anticipate further issues at this time. The parties do not know of any other information of which the Court should be aware at this time. The parties propose that they file another joint status report on November 1, 2006 to indicate settlement progress in this case. 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 G. ROBSON STEWART Reviewing Attorney

Dated: October 6, 2006 Attorneys for Plaintiff

s/G. Robson Stewart Of Counsel Dated: October 6, 2006 Attorneys for Defendant

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