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

Case 1:01-cv-00720-SGB

Document 36

Filed 05/09/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 01-720 T (Judge Susan G. Braden)

RICHARD E. DAHLBERG and HEATHER H. DAHLBERG, Plaintiffs, v. THE UNITED STATES, Defendant.

JOINT STATUS REPORT

By order [Doc. #22] dated February 4, 2003, the Court suspended further proceedings in this case pending final resolution of Robert J. Isler and Susan L. Isler v. United States, Fed. Cl. No. 01-344 T, Jeffrey T. Scuteri v. United States, Fed. Cl. No. 01-358 T, and Ronald C. Prati and Mary G. Prati v. United States, Fed. Cl. No. 02-60 T. The order required that, within 30 days after final decisions have been rendered in Isler, Scuteri, and Prati, the parties file a "joint status report advising the court as to their intentions with respect to further proceedings in this action." (The Court subsequently, by order [Doc. #35] dated April 2, 2007, stayed this case until July 2, 2007 pending the decision of the United States Supreme Court in Hinck v. United States, 06-376, and scheduled a telephone status conference for that date at 2 p.m. E.T.) Related to the Court's 2003 order is a recent decision in Kenneth C. Keener v. United States, Fed. Cl. No. 03-2028 T, and William P. Smith, Jr. and Anne D. Smith v. United States, Fed. Cl. No. 04-907 T. Keener and Smith present issues of fact and law in common with Isler,

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Case 1:01-cv-00720-SGB

Document 36

Filed 05/09/2007

Page 2 of 3

Scuteri, and Prati. On April 18, 2007, Judge Allegra issued an opinion in Keener and Smith, granting defendant's partial motion to dismiss for lack of jurisdiction taxpayers' period of limitations and tax motivated interest claims. A copy of the decision is attached. Under the decision, the Court lacks subject matter jurisdiction over plaintiffs' period of limitations and tax motivated interest claims. Plaintiffs' attorneys intend to move for reconsideration before this Court and appeal the decision to the Federal Circuit. Accordingly, the parties propose the Court wait until final appellate action, before dismissing plaintiffs' period of limitations and tax motivated interest claims. (Under the Federal Circuit's opinion in Hinck v. United States, 446 F.3d 1307 (Fed. Cir. 2006), the Court lacks subject matter jurisdiction over plaintiffs' interest abatement claims. The Supreme Court granted certiorari to review the Federal Circuit's decision and held oral argument on April 23, 2007. The parties propose that the Court wait until final appellate action in Hinck, before dismissing plaintiffs' interest abatement claims.) Plaintiffs' attorney has authorized defendant's attorney to sign this joint status report on his behalf. Respectfully submitted, 5/9/2007 Date s/Thomas E. Redding by s/Bart D. Jeffress THOMAS E. REDDING Redding & Associates, P.C. 2914 W.T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (fax) Attorney for Plaintiffs 5/9/2007 Date s/Bart D. Jeffress BART D. JEFFRESS -2-

Case 1:01-cv-00720-SGB

Document 36

Filed 05/09/2007

Page 3 of 3

Attorney of Record U.S. Department of Justice, Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section 5/9/2007 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant

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