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

Case 1:02-cv-01488-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

NORTH ATLANTIC ENERGY SERVICE CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant.

No. 02-1488C Chief Judge Damich

JOINT STATUS REPORT Pursuant to this Court's order of August 16, 2004, Plaintiff and the Government jointly submit this status report. On July 1, 2003, this case was stayed pending a decision by the U. S. Court of Appeals for the Federal Circuit in an indirectly-related case (Florida Power & Light Co., et al. v. United States, No. 96-644C). On June 15, 2004, the Federal Circuit issued its decision in Florida Power & Light Co. and vacated and remanded the case to the Court of Federal Claims (Judge Miller). On June 29, 2004, the parties requested that the stay in this proceeding be continued because Florida Power & Light Co. raises some of the same questions of fact and law that may be addressed in this case. That request was granted by the Court on August 16, 2004. On September 20, 2004, Judge Miller issued an order in Florida Power & Light Co. establishing a briefing schedule with final reply briefs due on January 8, 2005. A copy of that order is attached hereto.

Case 1:02-cv-01488-EJD

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In the interest of conserving the resources of the parties and the Court, the parties believe that the stay in this case should continue to remain in place until thirty days after the entry of a final judgment by Judge Miller in Florida Power & Light Co., at which time the parties shall file a joint status report. Dated: December 3, 2004 Respectfully submitted,

Of Counsel for Plaintiff: John H. O'Neill, Jr. Michael G. Lepre Daniel S. Herzfeld SHAW PITTMAN 2300 N Street, N.W. Washington, D.C. 20037

s/ Alex D. Tomaszczuk by s/ Michael G. Lepre ALEX D. TOMASZCZUK SHAW PITTMAN 1650 Tysons Boulevard McLean, VA 22102-4859 Telephone: 703.770.7940 Fax: 703.770.7901 Attorney of Record for Plaintiff ROBERT D. MCCALLUM, JR., Assistant Attorney General J. CHRISTOPHER KOHN, Director

Of Counsel for Defendant: Matthew J. Troy Commercial Litigation Branch Civil Division Department of Justice Marc E. Kasischke Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

s/ James G. Bruen, Jr. by s/ Michael G. Lepre JAMES G. BRUEN, Jr., Special Litigation Counsel Department of Justice Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, DC 20044 Telephone: 202.307.0493 Fax: 202.307.0494 Attorneys for Defendant

Document #: 1410961 v.1

Case 1:02-cv-01488-EJD

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Document #: 1410961 v.1

Case 1:02-cv-01488-EJD

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Case 1:02-cv-01488-EJD

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