Free Motion for Clarification - District Court of Federal Claims - federal

Case 1:05-cv-00675-MMS

Document 25

Filed 12/12/2006

Page 1 of 2

Plaintiffs' Motion For Leave to Clarify 12/12/06 Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WILLIAM F. HARTMAN and THERESE HARTMAN, Plaintiffs v. THE UNITED STATES OF AMERICA Defendant

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Docket No. 05-675 T Judge: Margaret M. Sweeney

Plaintiffs' Motion For Leave To Clarify Joint Status Report

Plaintiffs hereby move for leave to clarify the parties' Joint Status Report that was filed on 12/4/06. By Order filed 12/5/06, the Court granted the parties' request, made in the Report, for an additional 60-day suspension of proceedings based upon certain representations therein made, and the purpose of the instant motion is to clarify those representations. The Joint Status Report was prepared and filed by Government counsel as an accommodation to plaintiffs' counsel following counsels' discussion on 12/3/06 as to the contents thereof. Counsel for plaintiffs was unaware until after the Report was filed of the representations made in the Report with respect to the case of United States v. Kenneth W. Culp, Jr. ("Culp"), No. 3:05-cv-0522, pending in the United States District Court for the Middle District of Tennessee. Specifically, although there are similarities, counsel for plaintiffs does not agree with the representation in the Report that Culp "involves the same legal and factual issues" as the instant case, nor did counsel for plaintiffs intend to ground the request for further suspension upon any action to be taken by the Culp court with respect to the Motion For Summary Judgment pending before it. Instead, it was the understanding of plaintiffs' counsel that the Joint Report was to request an additional 60-day suspension based upon the continuing discussions with the Internal Revenue Service of a possible administrative settlement of the claims of similarly-situated taxpayers, which efforts, if successful, are believed to impact

Case 1:05-cv-00675-MMS

Document 25

Filed 12/12/2006

Page 2 of 2

Plaintiffs' Motion For Leave to Clarify 12/12/06 Page 2 of 2

the resolution of the instant action. The next conference date with the Internal Revenue is scheduled for 1/9/07. Counsel for the defendant could not be reached for comment regarding the defendant's posture with respect to the instant motion. Wherefore, counsel for plaintiffs prays that this motion for leave to clarify the parties' Joint Status Report be granted.

Respectfully submitted, /s/ Kenneth R. Boiarsky KENNETH R. BOIARSKY 174 Los Alamitos Lane HCR 74-22126 El Prado, NM 87529-9540 Tel: (505) 737-5940 Fax: (505) 737-5942 Email: [email protected] Counsel for Plaintiffs William F. Hartman and Therese Hartman