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

Case 1:05-cv-00374-EGB

Document 19

Filed 01/26/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LL&E MINING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-374C (Judge Bruggink)

JOINT STATUS REPORT Pursuant to the Court's December 1, 2005 Order, Plaintiff, LL&E Mining, Inc., on behalf of both parties, respectfully submits this Joint Status Report. The Court's December 1, 2005 Order directed the parties to submit a Joint Status report every 120 days apprising the Court of the status of the similarly situated military fuel cases pending before the Court. Since the last Joint Status Report, a decision was issued in Tesoro Hawaii Corp. v. United States, No. 02-704C (Fed. Cl. Sept. 29, 2006) (granting DESC's Motion to Dismiss). In addition, notices of appeal were filed in ConocoPhillips v. United States, No. 02-1367C (Fed. Cl. Oct. 3, 2006), La Gloria Oil and Gas Company v. United States, No. 02-465C (Fed. Cl. Oct. 25, 2006) and Tesoro Hawaii Corp. v. United States, No. 02-704C (Fed. Cl. Nov. 29, 2006). The parties respectfully request that, in lieu of filing Joint Status Reports every 120 days, they instead file a Joint Status Report within thirty days of the issuance of the mandate of the United States Court of Appeals for the Federal Circuit in one of the three similarly situated cases pending before that court. Such a revision to the stay order would

Case 1:05-cv-00374-EGB

Document 19

Filed 01/26/2007

Page 2 of 2

be consistent with the stays in effect in several other similarly situated cases and would conserve the resources of this Court and the parties. Respectfully submitted,

s/ J. Keith Burt J. Keith Burt Mayer, Brown, Rowe & Maw LLP 1909 K Street, N.W. Washington, DC 20006 (202) 263-3208 (phone) (202) 263-5208 (fax) Counsel for Plaintiff, LL&E Mining, Inc. January 26, 2007

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