Free Motion to Continue - District Court of Federal Claims - federal

Case 1:05-cv-01184-RHH

Document 31-2

Filed 04/21/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1184 T (Judge Hodges) LOCUS TELECOMMUNICATIONS, INC., Plaintiff v. THE UNITED STATES, Defendant ______________ JOINT STATUS REPORT AND MOTION FOR CONTINUANCE ______________

Pursuant to RCFC 7(b), the parties respectfully submit this joint status report and jointly move for an additional 90-day continuance before proceeding in this case. In support thereof, the following is shown: 1. As reported on the Joint Status Report and Motion for Continuance filed with the

court on January 22, 2008, a significant portion of the claims in this case has been settled through the administrative processes of the Internal Revenue Service ("IRS"). 2. Also on January 22, 2008, the parties filed a joint stipulation for partial dismissal with

respect to the portion of the claims in this case that were refunded by the IRS. 3. On January 25, 2008, the court entered an Order staying the case and ordered the

parties to file a status report on April 24, 2008. 4. The amount of Plaintiff's claim in this case was $9,287,877.78.

Case 1:05-cv-01184-RHH

Document 31-2

Filed 04/21/2008

Page 2 of 3

5.

On January 31, 2008, the court entered Judgment dismissing Plaintiff's claims with

prejudice in the amount of $8,081,631.67 for the tax periods set forth therein. 6. 7. The part of Plaintiff's claim that remains in controversy in this case is $1,180,929.95. On April 8, 2008, Locus filed papers ("Papers") with the Defendant containing

documentation and certifications supporting Locus right to the refund of the $1,180,929.95 remaining in controversy. 8. The Papers filed with Defendant are voluminous and detailed and no decision on

what action Defendant will take in response to their filing has been made as of this date. 9. However, counsel for the parties have agreed to continue their efforts to settle

informally the remaining amount in controversy. 10. The parties therefore request the Court grant an additional 90-day suspension of

proceedings in this action. 11. day period. 12. In the event settlement is not reached on or before that date, the Court will be asked It is Plaintiff's intent to have a settlement on the balance of its claims within the 90-

to grant a further deferral of this case while the parties either continue their efforts at settlement, agree to submit cross-motions for summary judgment, or ask for such further relief as may then appear appropriate. 13. Accordingly, the parties respectfully request that the Court grant an additional 90-day

suspension of proceedings in this action. 1

G. Robson Stewart, Attorney of Record for the U.S. Department of Justice, Tax Division authorizes Charles H. Helein of Helein & Marashlian, LLC to e-sign this Motion for Continuation of Suspension of Proceedings on their behalf. -2-

1

Case 1:05-cv-01184-RHH

Document 31-2

Filed 04/21/2008

Page 3 of 3

Respectfully submitted, s/Charles H. Helein CHARLES H. HELEIN Helein & Marashlian, LLC The CommLaw Group 1483 Chain Bridge Road, Suite 301 McLean, VA 22101 (703) 714-1300 (703) 714-1330 (fax) Attorneys for Plaintiffs April 24, 2008 Date s/G. Robson Stewart G. ROBSON STEWART Attorney of Record 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) 307-6493 NATHN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief Court of Federal Claims Section s/David Gustafson Of Counsel April 24, 2008 Date Attorneys for Defendant

-3-