Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00501-RHH

Document 15

Filed 08/07/2006

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 Order of May 8, 2006, the parties submit the following information: As previously reported, in XO Communications v. United States, Fed. Cl. No. 03-2754 T (2003), the Plaintiff and the United States filed cross-motions for summary judgment on the "Dial Access" issue, which is substantially similar to the issue involved in this action. Judge Williams conducted an expert witness hearing on the "Dial Access" issue and the parties subsequently submitted supplemental briefs. On July 24, 2006, XO was transferred to Judge Wheeler. Moreover, there are two other active cases involving the "Dial Access" issue. In USA Choice Internet Service, Inc. v. United States, Fed. Cl. No. 05-525 T (2005), a trial was held on July 11, 2006, before Judge Lettow. The parties' post-trial opening briefs are due August 25, 2006; the parties' reply briefs are due September 13, 2006; and the closing arguments are scheduled for September 22, 2006. In Comcation, Inc. v. United States, Fed. Cl. No. 05-515 T (2005), the Plaintiff

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Case 1:05-cv-00501-RHH

Document 15

Filed 08/07/2006

Page 2 of 2

and the United States have completed discovery, pre-trial filings, and a trial is set for September 11, 2006, before Judge Allegra. Accordingly, the parties request that the Court continue to stay this case until decisions are rendered in XO, USA Choice, and Comcation. Respectfully submitted, August 7, 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 August 7, 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 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief August 7, 2006 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant -2-