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

Case 1:96-cv-00817-EGB

Document 159

Filed 07/09/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 96-817 T (Judge Eric G. Bruggink) __________ ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff v. UNITED STATES, Defendant

__________ JOINT STATUS REPORT __________

Pursuant to the Court's June 9, 2008, Order, the parties submit the following joint status report regarding the status of the Court of Federal Claims decision in CSX Corporation v. United States, and the review of plaintiff's settlement offer regarding the only other unresolved issue in the above-captioned case. The Federal Circuit entered decision in CSX on March 6, 2008, reversing the trial court's decision that controls the above-captioned case. On May 13, 2008, the Federal Circuit denied CSX's petition for rehearing. CSX has until August 11, 2008, to file a petition for certiorari with the United States Supreme Court, an action which the parties feel is likely. The parties are still of the position that the outcome in CSX will dispose of all issues remaining in the abovecaptioned case, except for the issue that is the issue of plaintiff's pending settlement offer.

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Case 1:96-cv-00817-EGB

Document 159

Filed 07/09/2008

Page 2 of 2

Defendant has requested that plaintiff provide additional information with respect to the issue involved in plaintiff's settlement offer. That information has not yet been provided. Once that information is received, defendant will be able to complete its review of plaintiff's offer. The parties propose that they file another status report in 90 days advising the Court of the status of proceedings in CSX and the review of plaintiff's settlement offer.

Respectfully submitted, 07/09/08 Date s/Michael A. Clark MICHAEL A. CLARK, ESQUIRE Sidley & Austin LLP 1 South Dearborn Street Chicago, Illinois 60603 (312) 853-2173 Attorney for Plaintiff 07/09/08 Date s/Benjamin C. King, Jr. BENJAMIN C. KING, JR. 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) 307-6506 NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

07/09/08 Date

s/David Gustafson Of Counsel Attorneys for Defendant 2