Free Motion to Continue - District Court of Federal Claims - federal

Case 1:98-cv-00543-ECH

Document 150

Filed 09/06/2005

Page 1 of 3

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 TO CONTINUE SUSPENSION AND JOINT STATUS REPORT

Pursuant to the March 30, 2004 order of the Court, the parties respectfully submit this joint status report to advise the Court that on April 26, 2005, the United States Court of Appeals for the Federal Circuit issued its decision in Tesoro Hawaii Corporation et al. v. United States, No. 04-5064 (Fed. Cir. April 26, 2005). A petition for rehearing was filed and subsequently denied on August 22, 2005. By its March 30, 2004 order, the Court suspended proceedings in this case pending the decision by the court of appeals in Tesoro, and ordered that after the issuance of the Tesoro decision, the parties were to propose further proceedings in this case. Because counsel for Tesoro is considering whether to seek review of Tesoro by the United States Supreme Court, the parties in this case respectfully request the Court to continue the suspension of proceedings in this case until any proceedings in connection with a petition for a writ of certiorari are concluded. The parties respectfully propose to file another status report, proposing further proceedings in this case, within -1-

Case 1:98-cv-00543-ECH

Document 150

Filed 09/06/2005

Page 2 of 3

14 days after the conclusion of any proceedings for a petition for a writ of certiorari, or if no petition is filed, within 14 days after the time to file a petition for a writ of certiorari has expired.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ David M. Cohen DAVID M. COHEN Director

s/ Ronald H. Uscher RONALD H. USCHER Bastianelli, Brown, & Kelley, Chtd. 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 Attorneys for Defendant

Attorney for Plaintiff

Date:

September 6 , 2005

Date:

September 6 , 2005

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Case 1:98-cv-00543-ECH

Document 150

Filed 09/06/2005

Page 3 of 3

CERTIFICATE OF FILING I certify under penalty of perjury that on this 6th day of September, 2005, a copy of the foregoing, " Joint Status Report and Joint Request To Continue Stay" 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/002/8-30-R