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

Case 1:04-cv-00683-MBH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 04-683 T (Judge Marion B. Horn) (Consolidated with Nos. 05-695 T, 05-696 T, 05-1074 T, 05-1315 T, & 05-1384 T)

JOHN E. KETTLE and ANNE R. KETTLE, Plaintiffs v. THE UNITED STATES, Defendant.

JOINT STATUS REPORT

Pursuant to the Court's Order dated February 1, 2006, the parties, through their attorneys, provide the following progress report on Robert J. Isler and Susan L. Isler v. United States, Fed. Cl. No. 01-344 T, Jeffrey T. Scuteri v. United States, Fed. Cl. No. 01-358 T, Ronald C. Prati and Mary G. Prati v. United States, Fed. Cl. No. 02-60 T; Kenneth C. Keener v. United States, Fed. Cl. No. 03-3028 T; William P. Smith, Jr. and Anne D. Smith v. United States, Fed. Cl. No. 04907 T; Donald L. Dismore and Bettye G. Dismore v. United States, Fed. Cl. No. 04-1787 T; and John F. and Pamela F. Hinck v. United States, Fed. Cl. No. 03-865 T: 1. On October 8, 2004, the Court heard oral argument in Isler, Scuteri, and Prati.

On December 12, 2005, the United States filed an additional motion for partial dismissal in Isler, and, on February 3, 2006, the United States filed an additional motion for partial dismissal in Scuteri.

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Case 1:04-cv-00683-MBH

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2.

On August 11, 2005, Keener and Smith were consolidated for briefing of

dispositive motions. On November 4, 2005, the United States filed a motion to dismiss in Keener and Smith. On February 21/22, 2006, plaintiffs filed a motion for leave to file out of time their attached response and partial motion for summary judgment. 3. In Dismore, the United States filed a motion to dismiss one of plaintiffs' two

claims on January 6, 2006. Plaintiffs filed a motion for leave on February 9, 2006, to file their attached response out of time, but the judge denied plaintiffs' motion on February 10, 2006. 4. On September 14, 2004, the Court heard oral argument in Hinck, and, pursuant to

an opinion issued February 3, 2005, this Court dismissed the complaint in Hinck. The plaintiffs filed a notice of appeal on March 17, 2005. The appeal was docketed in the United States Court of Appeals for the Federal Circuit on March 24, 2005 (Docket No. 05-5099) and remains pending. Plaintiffs' attorney has authorized defendant's attorney to sign this motion on her behalf. Respectfully submitted, 03/01/2006 Date s/Teresa J. Womack by s/Bart D. Jeffress TERESA JEAN WOMACK Redding & Associates, P.C. P.O. Box 924328 Houston, Texas 77292-4328 (713) 965-9244 (713) 621-5227 (fax) Attorney for Plaintiffs 03/01/2006 Date s/Bart D. Jeffress BART D. JEFFRESS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section -2-

Case 1:04-cv-00683-MBH

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Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section 03/01/2006 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant