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

Case 1:05-cv-01188-MBH

Document 29

Filed 09/06/2006

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No. 05-1188 T Judge Horn ______________________________________________________________________________ ______________________________________________________________________________ IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TEXTRON INC., Plaintiff, v. THE UNITED STATES, Defendant. __________________ JOINT STATUS REPORT __________________ The parties submit this joint status report pursuant to the Court's June 16, 2006 order. Plaintiff has provided defendant with what plaintiff intends as substantiating evidence relating to its claims for refund, including telephone service invoices for the various periods at issue. Defendant's trial attorney has reviewed the invoices and other evidence, and counsel for the parties have prepared computational work based on the invoices for the purpose of settlement negotiations. At this point, defendant's trial attorney and plaintiff's counsel do not anticipate large discrepancies in their computations. Defendant, however, has identified an issue in the course of its review of the invoices that must be resolved before settlement discussions can proceed further. While defendant had expected that Textron, Inc., the plaintiff, would appear as the entity billed for the telephone services, an entity named Comware Systems, Inc. appears instead. According to plaintiff,

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Case 1:05-cv-01188-MBH

Document 29

Filed 09/06/2006

Page 2 of 2

Comware Systems, Inc. is a billing service organization employed by plaintiff's telecommunications service providers, and the invoices were actually billed to and paid by plaintiff. At defendant's request, plaintiff is gathering evidence in an effort to resolve this issue. 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 October 6, 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 Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel Dated: September 6, 2006 Attorneys for Defendant

Dated: September 6, 2006 Attorneys for Plaintiff

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