Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00576-FMA

Document 13

Filed 02/16/2006

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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. ______________ DEFENDANT'S STATUS REPORT ______________

Pursuant to the Order of this Court, the defendant files 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. At this time, the trial judge has set the case for trial to begin September 11, 2006. Recent events in that case indicate the judge intends to stick to that schedule. On January 26, 2006, the Judge denied the government's Motion to disqualify one of the defendant's attorneys' on the basis of a conflict of interest. One of the grounds for denial stated by the judge was that a substitute counsel would not have time to adequately prepare for the trial, thus signaling that the criminal trial is to go forward as scheduled. Further, the Judge in the criminal case issued an

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Case 1:05-cv-00576-FMA

Document 13

Filed 02/16/2006

Page 2 of 2

Order dated February 1, 2006, in which he notified the criminal defendants that a guilty plea must be submitted prior to June 15, 2006, in order to be considered timely to obtain acceptance credit for permitting the government to avoid trial preparation. This again indicates that the judge intends for the criminal case to go forward as scheduled. WHEREFORE, defendant respectfully requests that the Court continue the suspension of all proceedings in this case until resolution of the criminal case and the ongoing criminal investigation. Respectfully submitted, February 16, 2006 Date 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 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section Of Counsel Attorneys for Defendant

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