Free Response to Order to Show Cause - District Court of Federal Claims - federal

Case 1:02-cv-00465-ECH

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Filed 03/12/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LA GLORIA OIL AND GAS COMPANY, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 02-465C (Judge Hewitt)

DEFENDANT'S RESPONSE TO SHOW CAUSE ORDER Defendant, the United States, respectfully responds to the Court's order directing the parties to show cause why this matter should not be stayed pending the decision in Tesoro Hawaii Corp. v. United States, No. 04-5064 (Fed. Cir.). Defendant believes the case should be stayed, because the questions at issue in Tesoro also are at issue in this case. Indeed, a decision in the Government's favor upon any one of the three principal issues in Tesoro (waiver, legality, and deviations) would lead to the dismissal of some or all of the counts in this case. Other judges of this Court already have stayed similar cases for the same reason. E.g., Williams AK Petroleum, Inc. v. United States, No. 02-705C (Fed. Cl.), Kern Oil & Ref. Co. v. United States, No. 03-1623C (Fed. Cl.), Giant Indus., Inc. v. United States, No. 03-291C (Fed. Cl.), Calcasieu Ref. Co. v. United States, No. 02-1219C (Fed. Cl.), Valero Ref.-TX, LP v. United States, No. 03-1916C (Fed. Cl.), Sinclair Oil Corp. v. United States, No. 02-464C (Fed. Cl.), El Paso Merchant Energy Petroleum Co. v. United States, No. 02-1094C (Fed. Cl.). Accordingly, we respectfully request that this matter be stayed pending a decision in Tesoro. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:02-cv-00465-ECH

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DAVID M. COHEN Director

OF COUNSEL: BERNARD A. DUVAL Counsel Defense Energy Support Center Ft. Belvoir, VA DONALD S. TRACY Assistant Counsel Defense Energy Support Center Fort Belvoir, VA

/s Steven Gillingham by Kyle Chadwick STEVEN J. GILLINGHAM Senior Trial Counsel KYLE CHADWICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tele: (202) 616-2311 Fax: (202) 353-7988 Attorneys for Defendant

March 12, 2004

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Case 1:02-cv-00465-ECH

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Filed 03/12/2004

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this, the th day of MARCH, I

caused the foregoing "DEFENDANT'S RESPONSE TO SHOW CAUSE ORDER AND UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME," to be served by FEDEX (next business-day delivery), as follows: J. KEITH BURT, ESQ. MAYER BROWN, ROWE & MAW 1909 K Street, N.W. Washington, D.C. 20006 202-263-3208