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

Case 1:02-cv-00462-TCW

Document 96

Filed 09/17/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FLINT HILLS RESOURCES, LP, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 02-462C (Judge Wheeler)

MOTION TO FILE JOINT STATUS REPORT OUT OF TIME AND STATUS REPORT Pursuant to the Court's order, defendant respectfully requests leave to file this status report. Plaintiff's counsel has read and concurs with this report. Defendant's counsel agreed early last week to file this report, prepared it last week and obtained plaintiff's concurrence, leaving review and final filing to be accomplished. Unfortunately, defendant's counsel had it calendared for today, based upon his creating a recurring 60 day filing tickler from the anniversary of two reports ago. However, defendant filed the last status report early, but failed to adjust the 60 day anniversary of that filing on his calendar, which, although he intended to file last week, ultimately allowed the deadline to become lost among others of last week. Defendant's counsel apologizes to plaintiff and the Court for this error. Defendant respectfully submits the following status report concerning pending "jet fuel cases" involving the Defense Energy Support Center's price escalation clauses. Since our last report, the parties have been awaiting the Federal Circuit's decisions in ConocoPhillips v. United States, No. 2007-5004 (Fed. Cir.), La Gloria v. United States, No. 2007-5010 (Fed. Cir.), and Tesoro v. United States, No. 2002-5022 (Fed. Cir.). No other activity has taken place or likely will, until those cases are decided. The remainder of the jet fuel cases

Case 1:02-cv-00462-TCW

Document 96

Filed 09/17/2007

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pending in this Court remain stayed. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director OF COUNSEL: s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director 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

HOWARD M. KAUFER Assistant Counsel Office of Counsel Defense Energy Support Center Ft. Belvoir, VA DONALD S. TRACY Aviation Supply Chain Counsel Defense Supply Center Richmond, VA 23297

September 17, 2007

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Case 1:02-cv-00462-TCW

Document 96

Filed 09/17/2007

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CERTIFICATE OF FILING I hereby certify that on September 15, 2007, a copy of the foregoing document was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ Steven J. Gillingham