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

Case 1:05-cv-01184-RHH

Document 19

Filed 04/23/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1184 T (Judge Hodges) LOCUS TELECOMMUNICATIONS, INC., Plaintiff v. THE UNITED STATES, Defendant ______________ MOTION FOR CONTINUATION OF SUSPENSION OF PROCEEDINGS ______________

Pursuant to RCFC 7(b), the parties respectfully move for an additional 90-day suspension of all further proceedings in this case. As good reason therefore, the parties state as follows: Counsel for the parties have continued their efforts to settle the damages portion of this case in response to IRS Notice 2006-50, which conceded the underlying legal issue in this action. Counsel for the parties continue to work on resolving informally any questions concerning the refund amount due. Thus, the parties believe that the more prudent course is to continue to pursue settlement of the amount of the refunds due without resort to more formal actions and avoid the time and expense of such actions. Accordingly, the parties respectfully request that the Court grant an additional 90-day suspension of proceedings in this action.1

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.

Case 1:05-cv-01184-RHH

Document 19

Filed 04/23/2007

Page 2 of 2

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 23, 2007 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 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief

s/David Gustafson Of Counsel April 23, 2007 Date Attorneys for Defendant

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