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

Case 1:99-cv-00516-FMA

Document 68

Filed 02/08/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 99-516 T (Judge Allegra) JIM WALTER RESOURCES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ______________ JOINT STATUS REPORT ______________ Pursuant to the Court's Order of January 10, 2006, the parties submit this Joint Status Report. This document is being filed electronically. On February 19, 2003, the plaintiff asked the defendant to stipulate to entry of judgment for an amount of coal excise tax imposed on exported coal in quarters for which the plaintiff had filed no timely claim for refund. In such cases, this Court has jurisdiction to award damages under Cyprus Amax Coal Co. v. United States, 205 F.3d 1369 (Fed. Cir. 2002), cert. denied, 532 U.S. 1065 (2001). In the meanwhile, however, the Justice Department raised a jurisdictional issue that would affect the recovery due for the first quarter in suit. The parties negotiated concerning the subject for some time while the plaintiff decided whether to submit an offer. On January 31, 2006, the plaintiff did submit such an offer, which the trial attorney has submitted to his superiors along with the necessary memoranda and supporting documents. Because the Justice Department exhaustively considered the plaintiff's previous offer and

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Case 1:99-cv-00516-FMA

Document 68

Filed 02/08/2006

Page 2 of 2

verified the amounts claimed, it begins its consideration of the present offer with much of the necessary work already completed. The plaintiff's attorney has authorized the defendant's trial attorney to submit this document as a joint filing. Respectfully submitted, s/Robert Stoddart ROBERT STODDART Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section Of Counsel February 8, 2006

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