Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-01028-MBH

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Filed 06/30/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 05-1028 T (Judge Marian Blank Horn) ESTATE OF RANKIN M. SMITH, SR., SUNTRUST BANK, TAYLOR W. SMITH, and RANKIN M. SMITH, JR., Co-Executors, Plaintiffs v. THE UNITED STATES, Defendant __________ MOTION FOR LEAVE TO FILE A SEPARATE STATUS REPORT __________

Pursuant to the Court's order of June 9, 2006, the parties are to file a joint status report in the above-captioned matter on or before noon on July 5, 2006. In support of this motion, defendant states that on June 27, 2006, the parties, including a representative from the Internal Revenue Service, met to discuss the jurisdictional issue in this action. At the June 27th meeting, counsel also discussed the preparation of the joint status report required by the Court's order of June 9, 2006. Defendant's counsel advised that because she will be out of the office for previously-scheduled travel through July 5, 2006, defendant would need to have the joint status report prepared and ready to file on or before June 30, 2006. In

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Case 1:05-cv-01028-MBH

Document 19

Filed 06/30/2006

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subsequent exchanges of e-mail correspondence, plaintiff's counsel stated that she would not be able to complete a draft setting forth plaintiff's position for incorporation in a joint report to be filed on June 30. In an effort to assist plaintiff's counsel, by letter dated June 30, 2006, defendant fax'ed to plaintiff's counsel a draft joint status report prepared for both parties, setting out plaintiff's position as defendant's counsel understands it. Although plaintiff's counsel advised by e-mail on June 30 that she disagreed with the draft report, she offered no revisions or suggested changes. Defendant's counsel then suggested that the parties request a one-week extension of time to file the report, and to hold the conference with the Court. Plaintiff's counsel declined to seek an extension. Given the short time frame and the other circumstances involved, counsel for the parties are unable to agree on the contents of a joint status report. WHEREFORE, defendant requests that it be allowed to file the accompanying separate status report.

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Case 1:05-cv-01028-MBH

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Filed 06/30/2006

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Respectfully submitted,

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS 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) 307-0840

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel

June 30, 2006