Free Notice (Other) - District Court of Federal Claims - federal

Case 1:05-cv-00296-FMA

Document 61

Filed 12/13/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS GRAPEVINE IMPORTS, LTD., and T-TECH, INC., as Tax Matters Partner Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ' ' ' ' ' ' ' § ' '

NO. 05-296T (Judge Allegra)

UNITED STATES' WITHDRAWAL OF DESIGNATED EXPERT WITNESS On August 31, 2006, the United States designated Cheryl Kiger as an expert witness to testify about the performance and reporting of Grapevine's 1999 Son of BOSS transaction. Following Ms. Kiger's deposition on October 27, 2006, the United States learned that she had been inadvertently provided with certain privileged documents in conjunction with her assignment in this case. Accordingly, in order to maintain the confidentiality of those documents, the United States withdraws Ms. Kiger as an expert witness in this proceeding. The United States will go forward at the hearing on January 18, 2006, without an expert witness.

Case 1:05-cv-00296-FMA

Document 61

Filed 12/13/2006

Page 2 of 2

Respectfully Submitted,

/s/ Grover Hartt, III GROVER HARTT, III Attorney of Record Tax Division U.S. Department of Justice 717 N. Harwood, Suite 400 Dallas, Texas 75201 (214) 880-9721 (Main) (214) 880-9741 (Fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID D. GUSTAFSON Chief, Court of Federal Claims Section CHRISTOPHER R. EGAN Of Counsel

CERTIFICATE OF SERVICE I hereby certify that on December 13, 2006, I electronically filed the foregoing WITHDRAWAL OF DESIGNATED EXPERT WITNESS with the Clerk of the Court using the ECF system, which will send notification of such filing to the following: M. Todd Welty Meadows, Owens, Collier, Reed, Cousins & Blau, L.L.P 901 Main Street, Suite 3700 Dallas, Texas 75202

/s/ Grover Hartt, III GROVER HARTT, III