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

Case 1:05-cv-00576-FMA

Document 21

Filed 03/23/2007

Page 1 of 3

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 the Order of this Court, 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. In its Status Report filed December 20, 2006, the Government informed the Court that the criminal case of United States v. Stein, et al., No. S1 05 crim 0888 (SDNY), was set for trial to begin on September 17, 2007. That date has not changed. 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 -1-

Case 1:05-cv-00576-FMA

Document 21

Filed 03/23/2007

Page 2 of 3

the criminal case and the ongoing criminal investigation. Plaintiff does not oppose the continued suspension of proceedings in this case. However, plaintiff disagrees with defendant's grounds for its Motion to Suspend Proceedings, its Brief in Support of Defendant's Motion to Suspend (including the statements contained in the exhibits attached to the Declaration of David R. House), its December 20, 2006 Status Report, and all other Status Reports and other pleadings defendant has filed. In particular, plaintiff disagrees with defendant's characterization of the relationship between the above-referenced criminal case and this action, and with defendant's purportedly factual assertions concerning the alleged actions of John Larson, Robert Pfaff and certain entities, including Prestop Holdings, LLC. Respectfully submitted, March 22, 2007 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]

March 23, 2007

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

-2-

Case 1:05-cv-00576-FMA

Document 21

Filed 03/23/2007

Page 3 of 3

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section Of Counsel Attorneys for Defendant

-3-