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

Case 1:02-cv-01488-EJD

Document 16

Filed 06/29/2004

Page 1 of 2

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 July 1, 2003, Plaintiff and the Government jointly submit this status report. On May 16, 2003, the Government filed in this proceeding a Motion to Dismiss Plaintiff's complaint. On June 12, 2003, this Court granted Plaintiff's Unopposed Motion for Enlargement of Time within which to respond to the Government's Motion to Dismiss, permitting Plaintiff to file its response on or before July 3, 2003. Plaintiff had not filed its response when the case was stayed on July 1, 2003, 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). The mandate has not yet issued from the Federal Circuit. The parties believe that the stay currently in effect should continue as Florida Power & Light Co. raises some of the same questions of fact and law that may be addressed in this case. Moreover, the Government is considering filing a petition for panel rehearing or a petition for

Case 1:02-cv-01488-EJD

Document 16

Filed 06/29/2004

Page 2 of 2

rehearing en banc. Such a petition is due forty-five days after entry of the Federal Circuit's judgment, or July 30, 2004. Fed. R. App. P. 40(a)(1). Accordingly, in the interest of conserving the resources of the parties and the Court, the parties believe that the stay in this case should continue, that no further briefs or motions be filed, and that the parties be required to file a status report as to how they intend to proceed on the earlier of (a) sixty days after the entry of a judgment by Judge Miller in Florida Power & Light Co. or (b) December 13, 2004, which is six months after entry of the Federal Circuit's judgment. Dated: June 29, 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/ Daniel S. Herzfeld 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/ Daniel S. Herzfeld 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