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

Case 1:05-cv-01184-RHH

Document 13

Filed 07/24/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1184 T (JUDGE HODGES) LOCUS TELECOMMUNICATIONS, INC., Plaintiff v. THE UNITED STATES, Defendant ______________ JOINT REPORT AND MOTION FOR SUSPENSION OF PROCEEDINGS ______________ Pursuant to the Court's Order of July 17, 2006, the parties file the following report and motion for suspension of proceedings. At this juncture, counsel for the parties are making efforts to settle the "damages" portion of this case in the aftermath of IRS Notice 2006-50, which conceded the underlying legal issue in this action. Plaintiff is producing substantiation for the

amounts for which it claims a refund and defendant's counsel will be examining plaintiff's documents to verify the amounts claimed. Counsel for the parties expect to be able to resolve informally any discrepancies with respect to the amounts claimed. Thus, the

parties believe it would be prudent to pursue settlement of the "damages" without proceeding with any further formal activities in this case. This course of action would allow the parties to

avoid the time and expense of conducting such activities, which -1-

Case 1:05-cv-01184-RHH

Document 13

Filed 07/24/2006

Page 2 of 2

would be rendered superfluous in the event of a settlement. Accordingly, pursuant to RCFC 7(b), the parties respectfully move for a 90-day suspension of all further proceedings. Respectfully submitted, s/Charles H. Helein CHARLES H. HELEIN The Helein Law Group, P.C. 8180 Greensboro Drive Suite 700 McLean, VA 22102 (703) 714-1300 (703) 714-1330 (fax) Attorneys for Plaintiffs July 19, 2006 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 July 24, 2006 Date Attorneys for Defendant

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