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

Case 1:05-cv-00956-CCM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DAVID S. LITMAN and MALIA A. LITMAN, ) ) ) Plaintiffs-Counterdefendants ) ) vs. ) ) THE UNITED STATES, ) ) Defendant-Counterplaintiff. ) __________________________________________ ROBERT B. DEINER and MICHELLE S. DEINER, ) ) ) Plaintiffs-Counterdefendants ) ) vs. ) ) THE UNITED STATES, ) ) Defendant-Counterplaintiff. ) __________________________________________ HOTELS.COM, INC. AND SUBSIDIARIES (f/k/a HOTEL RESERVATIONS NETWORK, INC.), Plaintiff v. THE UNITED STATES, Defendant ) ) ) ) ) ) ) ) ) ) )

No. 05-956 T

No. 05-971 T

No. 06-285 T Judge Christine O. C. Miller

JOINT STATUS REPORT Pursuant to the Court's Order of August 11, 2006, the parties submit this joint status report:

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Mediation A mediation session was held in Chicago with a private mediator on November 1, 2006. The mediation was unsuccessful. Proposed Pretrial Schedule In accordance with Appendix A of the Rules of the Court of Federal Claims, the parties propose the following pretrial schedule: December 18, 2006 (or earlier) January 8, 2007 Parties hold a meeting of counsel (Appendix A, ¶ 13). Plaintiffs file their memoranda of contentions of fact and law (Appendix A, ¶ 14). The United States files its memoranda of contentions of fact and law (Appendix A, ¶ 14). All motions in limine filed. Responses to motions in limine filed. Replies in support of motions in limine filed. Pretrial conference (RCFC 16(d)).

February 5, 2007

February 9, 2007 February 19, 2007 February 23, 2007 February 26, 2007 Trial

The parties propose that trial commence on March 5, 2007. As ordered on August 11, 2006, trial will be held in Dallas Texas. Other Motions Plaintiffs David and Malia Litman and Robert and Michelle Diener intend to withdraw the summary judgment motions they filed in November 2005. (The motions were stayed pending completion of discovery.) The United States is contemplating filing a motion, based on the variance doctrine and 26 U.S.C. §7422, seeking to preclude plaintiff Hotels.com from making certain claims at trial. The

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motion would be filed by February 5, 2007, at the latest, when the United States' memorandum of facts and law is due. Hotels.com does not believe that any variance claim is supported by law or fact and assuming, arguendo, such a claim were considered by the Court, it also has been waived. If the United States were to file such a claim, Hotels.com would file a response at such time as the Court directs. Other Matters The parties are available to discuss the above proposals, and any other matters, at the Court's convenience.

Respectfully submitted,

s/ John W. Porter John W. Porter Baker Botts LLP 3000 One Shell Plaza 910 Louisiana Houston TX 77002 Attorney for plaintiffs David and Malia Litman and Robert and Michelle Diener

s/ Kim Marie K Boylan Kim Marie K. Boylan Latham & Watkins LLP 555 Eleventh Street, N.W. Suite 1000 Washington D.C. 20004 Attorney for plaintiff Hotels.com

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s/ Cory A. Johnson Cory A. Johnson Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section P.O. Box 26 Ben Franklin Station Washington D.C. 20044 202-307-3046 Eileen J. O'Connor Assistant Attorney General Steven I. Frahm Assistant Chief, Court of Federal Claims Section s/ Steven I. Frahm Of Counsel Attorney for The United States

Dated: November 6, 2006

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