Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

Case 1:98-cv-00543-ECH

Document 152

Filed 09/28/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

GOLD LINE REFINING, LTD., Through its trustee Ben B. Floyd,

Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) ) ) )

No. 98-543 C (Judge Hewitt)

JOINT MOTION FOR LEAVE TO AMEND JOINT MOTION TO CONTINUE SUSPENSION Pursuant to Rule 15 of the Rules of the United States Court of Federal Claims, the parties hereby move for leave to amend their September 6, 2005 Joint Status Report and Joint Request To Continue Suspension. A copy of the proposed Amended Joint Motion to Continue Suspension is attached as Exhibit One. In their September 6, 2005 Joint Status Report and Joint Request To Continue Suspension, the parties advised the Court that counsel for Tesoro was considering whether to seek review of Tesoro Hawaii Corporation et al. v. United States, 405 F.3d 1339 (Fed. Cir. 2005) by the United States Supreme Court. The parties requested the Court to continue the suspension of proceedings in this case until any proceedings in connection with a petition for a writ of certiorari were concluded. By Order of September 9, 2005 the Court granted the parties' September 6, 2005 motion to continue the stay of proceedings. Subsequent to filing their September 6, 2005 Joint Status Report and Joint Request To Continue Suspension, the parties were notified by counsel for Tesoro that the parties had -1-

Case 1:98-cv-00543-ECH

Document 152

Filed 09/28/2005

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incorrectly represented counsel's position in their September 6, 2005 Joint Status Report and Joint Request To Continue Suspension. Specifically, counsel for Tesoro stated that rather than "considering" whether to seek review of Tesoro by the United States Supreme Court, counsel had said that he "was not in a position to make any representations concerning a petition for writ of certiorari to the Supreme Court in Tesoro." Counsel for Tesoro requested the parties to amend their September 6, 2005 Joint Status Report and Joint Request To Continue Suspension to correctly state counsel's position. Accordingly, the parties now seek leave of the Court to file an Amended Joint Motion to Continue Suspension. The parties do not seek a change in the Court's September 9, 2005 Order. WHEREFORE, the parties respectfully request leave of the Court to file an Amended Joint Motion to Continue Suspension.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ David M. Cohen DAVID M. COHEN Director s/ Ronald H. Uscher RONALD H. USCHER Peckar, Abramson, Bastianelli & Kelley, LLP 1133 21 Street, N.W., Suite 500 Washington, DC 20036 Telephone: (202) 293-8815 Facsimile: (202) 293-7994 s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Telephone: (202) 514-7300 Facsimile: (202) 307-0972 -2-

Case 1:98-cv-00543-ECH

Document 152

Filed 09/28/2005

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Attorney for Plaintiff

Attorneys for Defendant

Date: September 28 , 2005

Date: September 28 , 2005

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Case 1:98-cv-00543-ECH

Document 152

Filed 09/28/2005

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CERTIFICATE OF FILING I certify under penalty of perjury that on this 28th day of September, 2005, a copy of the foregoing, "Joint Motion for Leave to Amend Joint Motion To Continue Suspension" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Ronald H. Uscher.

m:flyd/002\9-27