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

Case 1:05-cv-00501-RHH

Document 20

Filed 02/20/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-501 T (JUDGE HODGES) SOUTHERN NEW JERSEY INTERNET PROVIDER, Plaintiff v. THE UNITED STATES, Defendant ______________ JOINT STATUS REPORT ______________ Pursuant to the Court's February 6, 2007 Order, the parties submit the following information: Counsel has explored resolution of this matter with guidance from the ruling in USA Choice Internet Service, LLC v. United States, 73 Fed. Cl. 780 (2006), and the court's denial of cross-motions for summary judgment in XO Communications, Inc. v. United States, Nos. 03-275T and 06-40T. The parties have agreed that the most appropriate and efficient manner of handling this action is to continue the stay in this case pending the final outcome of the litigation in USA Choice and Comcation v. United States, No. 05 -515T, at the United States Court of Appeals for the Federal Circuit. A Notice of Appeal was filed in USA Choice on February 8, 2007. A decision in the matter of Comcation is pending from Judge Allegra at the United States Court of Federal Claims and the parties anticipate that the outcome will be appealed no matter what the result. Thus, until the Court of Appeals for the Federal Circuit has ruled on the issues involved in USA Choice and Comcation, going forward with

-1-

Case 1:05-cv-00501-RHH

Document 20

Filed 02/20/2007

Page 2 of 2

proceedings in this case would be premature at this juncture. The parties agree that continuing to stay this case is likely to conserve judicial resources and promote an efficient determination of the actions. WHEREFORE, parties respectfully request this court to STAY the above-referenced case pending the final outcome of USA Choice and Comcation at the United States Court of Appeals for the Federal Circuit. Respectfully submitted, February 20, 2007 Date s/Anthony C. Gulotta Anthony C. Gulotta, Esquire Anderson & Gulotta, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717) 635-7145 Fax (717) 541-5434 [email protected] Attorney for Plaintiff February 20, 2007 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 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section Steven I. Frahm Assistant Chief February 20, 2007 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant -2-