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

Case 1:05-cv-00411-FMA

Document 37

Filed 06/19/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-411 T (Judge Allegra) ________________________ PRESIDIO ADVISORS, LLC, NORVEST LTD., Plaintiff, v. THE UNITED STATES, Defendant. _____________ JOINT STATUS REPORT ______________ Pursuant to the Order of this Court dated February 20, 2007, 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. The status has not changed since the parties' previous Status Report filed March 21, 2008. The case of United States v. Stein, et al., No. S1 05 crim 0888 (S.D.N.Y.), by Order dated November 29, 2007, is set for jury selection to begin as to John Larson, Robert Pfaff, and others, on September 22, 2008, with opening statements to take place on October 2, 2008. 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. The Government believes that the suspension of all proceedings in this case continues to be appropriate until resolution of the criminal case and the ongoing criminal investigation. Plaintiff agrees that the continued suspension of proceedings in this case is appropriate. Plaintiff continues to disagree with many of the defendant's arguments for the stay as articulated in its Motion to Suspend and its December 20, 2006 Status Report. Plaintiff also disagrees with -1-

Case 1:05-cv-00411-FMA

Document 37

Filed 06/19/2008

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defendant's statements and characterizations in these filings and in all of defendant's other pleadings, status reports, declarations and briefs, including but not limited to: (1) defendant's characterization of the relationship between the above-referenced criminal case and this action; and (2) defendant's purportedly factual assertions concerning the alleged actions of John Larson, Robert Pfaff and certain entities, including Presidio Advisors, LLC. Nonetheless, Plaintiff agrees that continuing the stay is appropriate. Respectfully submitted, June 19, 2008 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] 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 (202) 540-9440 (facsimile) [email protected]

June 19, 2008

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Case 1:05-cv-00411-FMA

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Filed 06/19/2008

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JOHN DICICCO, Deputy Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel Attorneys for Defendant

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