Free Status Report - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 JOHN B. SNYDER, III Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683 Ben Franklin Station Washington, D.C. 20044-0683 Telephone: (202) 307-6548 IN THE UNITED STATES DISTRICT COURT FOR THE

10 DISTRICT OF ARIZONA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. UNITED STATES OF AMERICA, Defendant. ROBERT M. MOSELEY, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Civil No. CIV 03-2464-PHX-HRH

JOINT STATUS REPORT AS OF NOVEMBER 28, 2005

The United States of America and Robert Moseley, by and through their undersigned counsel and pursuant to the Court's order, hereby submit this report on the status of this matter: 1. On August 10, 2005, the parties notified the Court that this The parties requested an extension of time

matter had been settled.

until October 3, 2005, to file a stipulation for dismissal of this matter, in order to allow the Internal Revenue Service sufficient time to issue a check for the settlement amount payable to the plaintiff and subsequently requested further extensions until November 28, 2005. The Court entered an order directing the parties to file closing papers or a further status report on or before November 28, 2005.

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2.

On September 26, 2005, counsel for the United States was

informed that, due to a clerical error, the paperwork for processing the refund check had not been received by the IRS Service Center responsible for generating the check. The paperwork was resubmitted

to the Service Center, and counsel for the United States has now received the check. However, the check appears to have been issued The check has not yet been reissued for the

for the wrong amount. correct amount. 3.

In order to enable the Internal Revenue Service to correct

this error to provide the amount for which the parties settled this matter and to allow counsel for the United States to forward the check for the settlement amount to the plaintiff's counsel, the parties request a further thirty (30) days to submit the stipulation for dismissal. If the check error has not been corrected by that time or

other, unforeseen difficulties arise, the parties will submit a // //

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further status report to the Court. Respectfully submitted, PAUL K. CHARLTON United States Attorney

Dated: November 22, 2005 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 28, 2005

s/ John B. Snyder, III JOHN B. SNYDER, III Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 683 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 307-6548 Attorney for the United States

s/ James J. Everett JAMES J. EVERETT Law Offices of James J. Everett, P.C. 2999 North 44th Street, Suite 225 Phoenix, Arizona 85018 (602) 230-2212 Attorney for plaintiffs

1434986.1

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