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

Case 1:05-cv-00576-FMA

Document 31

Filed 09/08/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-576 T (Judge Allegra) ________________________ PRESTOP HOLDINGS, LLC, JL INVESTMENT TRUST, JOHN M. LARSON, GRANTOR/TRUSTEE, TAX MATTERS PARTNER FILING AS NOTICE PARTNER, Plaintiff, v. THE UNITED STATES, Defendant. ______________ JOINT STATUS REPORT ______________ Pursuant to this Court's August 8, 2008 Order, the parties file this status report to inform the Court of the status of the criminal proceeding in the United States District Court for the Southern District of New York. The status has not changed materially since the parties' previous Status Report filed February 15, 2008. The case of United States v. Stein, et al., No. S1 05 crim 0888 (S.D.N.Y.), by Order is set for jury selection to begin as to John Larson, Robert Pfaff, and others, on September 23, 2008, with opening statements to take place on October 2, 2008. The Government's position is that the reasons for the stay specified in the Government's Motion for Stay and the Status Report filed on December 20, 2006 remain. Defendant believes that the suspension of all proceedings in this case continues to be appropriate until resolution of the Stein case and the ongoing related investigation. Plaintiff does not oppose the continued suspension of proceedings in this case. However, plaintiff disagrees with defendant's grounds for the stay as articulated in its Motion to Suspend

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Case 1:05-cv-00576-FMA

Document 31

Filed 09/08/2008

Page 2 of 2

and its December 20, 2006 Status Report. Plaintiff also disagrees with defendant's statements and characterizations in these filings and in all of defendant's other pleadings, status reports, declarations and briefs, including but not limited to (1) defendant's characterization of the relationship between the Stein case and this action; and (2) defendant's purportedly factual assertions concerning the alleged actions of John Larson, Robert Pfaff and certain entities, including Prestop Holdings, LLC. Respectfully submitted, September 8, 2008 Date s/ Kim Marie K. Boylan KIM MARIE K. BOYLAN Attorney of Record Latham & Watkins LLP 555 Eleventh St., N.W., Suite 1000 Washington, DC 20004-1304 (202) 637-2235 (telephone) (202) 637-2201 (facsimile) [email protected] s/ David R. House DAVID R. HOUSE Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 616-3366 (telephone) (202) 540-9440 (facsimile) [email protected] JOHN DICICCO, Deputy Assistant Attorney General STEVEN I. FRAHM Acting Chief, Court of Federal Claims Section s/ Steven I. Frahm Of Counsel Attorneys for Defendant

September 8, 2008 Date

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