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

Case 1:02-cv-00462-TCW

Document 93

Filed 05/21/2007

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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. The parties have completed their appellate briefing of the three "jet fuel" cases that have proceeded to appeal, 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.). The first two of these are scheduled for oral argument on June 6, 2007, the third on July 11, 2007. 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

s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

Case 1:02-cv-00462-TCW

Document 93

Filed 05/21/2007

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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

May 21, 2007

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Case 1:02-cv-00462-TCW

Document 93

Filed 05/21/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on May 21, 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