Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-01019-LMB

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Filed 09/25/2006

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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, filed on August 22, 2006 in the above-referenced matter, the parties submit the following information: In XO Communications v. United States, Fed. Cl. No. 03-2754 T (2003), the Plaintiff and the United States have completed discovery. The discovery accomplished includes initial disclosures by the parties, including plaintiff's disclosures of information in support of its claim for refund (such as invoices, filings, etc.), and plaintiff's responses to defendant's interrogatories and requests for production of documents. In addition, the parties in XO have filed cross-motions for summary judgment on the "Dial Access" issue, which is substantially similar to the issue involved in this action. In addition, Judge Williams has conducted an expert witness hearing on the "Dial Access" issue and the parties subsequently submitted supplemental briefs. This case was transferred to Judge Wheeler on July 24, 2006. In Comcation v. United States, Fed. Cl. No. 05-515 T (2005), the Plaintiff and the United -1-

Case 1:05-cv-01019-LMB

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Filed 09/25/2006

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States have completed discovery. The discovery accomplished includes initial disclosures by the parties, including plaintiff's disclosures of information in support of its claim for refund (such as invoices, filings, etc.), and plaintiff's responses to defendant's interrogatories and requests for production of documents. A trial was held in this case on September 11, 2006. At the trial, Judge Allegra stated that simultaneous post trial briefs will be due 45 days after the transcript is received, simultaneous reply briefs will be due in another 30 days, and closing arguments will occur shortly thereafter. In USA Choice v. United States, Fed Cl. No. 05-525 T (2005), the Plaintiff and the United States have completed discovery. The discovery accomplished includes initial disclosures by the parties, including plaintiff's disclosures of information in support of its claim for refund (such as invoices, filings, etc.), and plaintiff's responses to defendant's interrogatories and requests for production of documents. In addition, the trial for this case was held on July 11, 2006. The parties' opening and closing briefs have been filed, and the parties' closing arguments occurred on September 22, 2006.

Respectfully submitted, September 25, 2006 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

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Case 1:05-cv-01019-LMB

Document 17

Filed 09/25/2006

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September 25, 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

September 25, 2006 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant

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