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

Case 1:05-cv-00515-FMA

Document 12

Filed 03/10/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-515 T (JUDGE ALLEGRA) COMCATION, INC., Plaintiff v. THE UNITED STATES, Defendant ______________ SUPPLEMENTAL JOINT STATUS REPORT ______________ Pursuant to the Court's Scheduling Order dated October 13, 2005, in the above-referenced matter, the parties submit the following information: Plaintiff and the United States have completed discovery in this matter. The discovery accomplished includes initial disclosures by the parties, including plaintiff's disclosures of information in support of its claim for refund (such as invoices, filings, etc.), and plaintiff's responses to defendant's interrogatories and requests for production of documents. At this time, plaintiff and the United States are waiting to take further action in this action based on the outcome of XO Communications, Inc. v. The United States, (Fed. Cl. No. 03-2754 T), pending before Judge Williams. The parties in XO have filed cross-motions for summary judgment on the "Dial Access" issue, which is substantially similar to the issue involved in this action. In addition, Judge Williams has conducted an expert witness hearing on the "Dial Access" issue and the parties subsequently submitted supplemental briefs. -1-

Case 1:05-cv-00515-FMA

Document 12

Filed 03/10/2006

Page 2 of 2

Accordingly, due to the relatively small amount at issue here, the parties believe it would be judicious to suspend further proceedings in this action until a decision is rendered in XO. Respectfully submitted, 2/28/2006 Date s/Anthony C. Gulotta Anthony C. Gulotta, Esquire PA Atty. ID #82081 Anderson & Gulotta, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717) 635-7145 Fax (717) 541-5434 [email protected] Attorney for Plaintiff

3/8/2006 Date

s/G. Robson Stewart G. ROBSON STEWART 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) 307-6493 Fax (202) 514-9440 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief

3/8/2006 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant

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