Free Status Report - District Court of Federal Claims - federal

Case 1:02-cv-00462-TCW

Document 94

Filed 07/16/2007

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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)

JOINT STATUS REPORT Pursuant to the Court's order, upon behalf of both parties, defendant respectfully submits the following status report concerning pending "jet fuel cases" involving the Defense Energy Support Center's price escalation clauses. Plaintiff's counsel has read and concurs with this report. Since our last report, the court of appeals heard oral argument on June 6, 2007, in ConocoPhillips v. United States, No. 2007-5004 (Fed. Cir.), and La Gloria v. United States, No. 2007-5010 (Fed. Cir.). Subsequently, the court cancelled the oral argument in Tesoro v. United States, No. 2002-5022 (Fed. Cir.), which had been scheduled for July 11, 2007, and submitted that appeal on the briefs. The parties do not expect decisions before the Fall of 2007, and believe that a continuation of the stay is appropriate for another 90 days. The remainder of the jet fuel cases pending in this Court remain stayed. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:02-cv-00462-TCW

Document 94

Filed 07/16/2007

Page 2 of 3

s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director OF COUNSEL: 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 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

July 16, 2007

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Case 1:02-cv-00462-TCW

Document 94

Filed 07/16/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on July 16, 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