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

Case 1:05-cv-01019-LMB

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Filed 05/19/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1019 T (JUDGE BASKIR) FASTNET CORPORATION, ET AL., Plaintiff, v. THE UNITED STATES, Defendant. ______________ SUPPLEMENTAL JOINT STATUS REPORT ______________ Pursuant to the Court's Order of August 22, 2006, 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, No. 20075077 (Fed. Cir. Apr. 15, 2008). The court held that USA Choice's incoming-only phone lines met the definition of "local phone service" in
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Case 1:05-cv-01019-LMB

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Filed 05/19/2008

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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. Plaintiff believes that there may be some amounts at issue relating to telecommunications services which were not addressed by the decision in USA Choice. Plaintiff must review the telephone lines it purchased to determine whether any of the lines were not addressed by USA Choice. After plaintiff completes its review, it will notify defendant's counsel as to its findings. If plaintiff identifies such amounts, defendant would require an opportunity to verify plaintiff's findings. Accordingly, the parties request an additional 120 days to complete this review, after which they will either dismiss the case or file another Joint Status Report.

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Case 1:05-cv-01019-LMB

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Filed 05/19/2008

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Respectfully submitted, May 19, 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 s/G. Robson Stewart G. ROBSON STEWART 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 May 19, 2008 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant
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May 19, 2008 Date