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

Case 1:05-cv-01184-RHH

Document 17

Filed 01/22/2007

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. In December Plaintiff produced additional substantiation for the amounts for which it claims a refund and Defendant has undertaken and is continuing its review of Plaintiff's additional documentation that verifies the amounts claimed. Counsel for the parties remain confident that they will be able to resolve informally any discrepancies with respect to the amounts claimed. Thus, the parties remain confident that it is most prudent to pursue settlement of the damages without proceeding with any further formal activities in this case. Continuation of this course of action would allow the parties to avoid the time and expense of conducting such activities, which would be rendered superfluous in the event of a settlement.

Case 1:05-cv-01184-RHH

Document 17

Filed 01/22/2007

Page 2 of 2

Accordingly, the parties respectfully request that the Court grant an additional 90-day suspension of proceedings in this action.1 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 January 22, 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 January 22, 2007 Date Attorneys for Defendant

1 G. Robson Stewart, Attorney of Record for the U.S. Department of Justice, Tax Division authorizes Charles H. Helein of The Helein Law Group, P.C. to e-sign this Motion for Continuation of Suspension of Proceedings on their behalf. -2-