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

Case 1:05-cv-01105-TCW

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Filed 04/25/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1105 T (JUDGE WHEELER) EVENLINK, LLC Plaintiff v. THE UNITED STATES, Defendant ______________ SUPPLEMENTAL JOINT STATUS REPORT ______________

Pursuant to the Court's Order of October 2, 2007, the parties submit this Joint Status Report to recommend further proceedings in light of the Federal Circuit's decision in USA Choice Internet Services, LLC v. United States. On April 15, 2008, the United States Court of Appeals for the Federal Circuit issued a decision in USA Choice Internet Services, LLC v. United States, No. 2007-5077 (Fed. Cir. Apr. 15, 2008). The court held that USA Choice's incoming-only phone lines met the definition of "local phone service" in 26 U.S.C. §4252(a), and that none of the lines at issue fell within the "private communication service" exception at §4252(d). As such, USA Choice was denied relief. Based on the outcome of USA Choice, the parties anticipate that they will be able to agree to dismiss most of the amounts at issue in this case. The parties, however, must review the specific telephone lines purchased by Plaintiff to determine whether any of the lines fall within

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Case 1:05-cv-01105-TCW

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Filed 04/25/2008

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any exceptions not covered by the decision in USA Choice. Accordingly, the parties request an additional 120 days to complete this review, after which they will either dismiss the abovecaptioned matter or file a Joint Status Report. Respectfully submitted, April 25, 2008 Date s/Anthony C. Gulotta Anthony C. Gulotta, Esquire PA Atty. ID #82081 Anderson & Gulotta, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717) 635-7145 Fax (717) 541-5434 [email protected] Attorney for Plaintiff

April 25, 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 NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section Steven I. Frahm Assistant Chief

April 25, 2008 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant -2-