Free Status Report - District Court of Arizona - Arizona

1 PAUL K. CHARLTON
United States Attorney
2 Two Renaissance Square
40 North Central Avenue,
3 Suite 1200
Phoenix, Arizona 85004-4408
4 Telephone: (602) 514-7500
5 JOHN B. SNYDER, III
Trial Attorney, Tax Division
6 U.S. Department of Justice
P.O. Box 683
7 Ben Franklin Station
Washington, D.C. 20044-0683
8 Telephone: (202) 307-6548
9
IN THE UNITED STATES DISTRICT COURT FOR THE
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DISTRICT OF ARIZONA
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12 ROBERT M. MOSELEY, )
) Civil No. CIV 03-2464-PHX-HRH
13 Plaintiff, )
)
14 v. )
) JOINT STATUS REPORT AS OF
15 UNITED STATES OF AMERICA, ) OCTOBER 27, 2005
)
16 Defendant. )
)
17 _)
18 The United States of America and Robert Moseley, by and through
19 their undersigned counsel and pursuant to the Court’s order, hereby
20 submit this report on the status of this matter:
21 1. On August 10, 2005, the parties notified the Court that this
22 matter had been settled. The parties requested an extension of time
23 until October 3, 2005, to file a stipulation for dismissal of this
24 matter, in order to allow the Internal Revenue Service sufficient time
25 to issue a check for the settlement amount payable to the plaintiff
26 and subsequently requested a further extension until October 27, 2005.
27 The Court entered an order directing the parties to file closing
28 papers or a further status report on or before October 27, 2005.

1 2. On September 26, 2005, counsel for the United States was
2 informed that, due to a clerical error, the paperwork for processing
3 the refund check had not been received by the IRS Service Center
4 responsible for generating the check. The paperwork was resubmitted
5 to the Service Center, and counsel for the United States has now
6 received the check. However, the check appears to have been issued
7 for the wrong amount.
8 3. In order to enable the Internal Revenue Service to correct
9 this error to provide the amount for which the parties settled this
10 matter and to allow counsel for the United States to forward the check
11 for the settlement amount to the plaintiff’s counsel, the parties
12 request a further thirty (30) days to submit the stipulation for
13 dismissal. If the check error has not been corrected by that time or
14 other, unforeseen difficulties arise, the parties will submit a
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1 further status report to the Court.
2 Respectfully submitted,
3 PAUL K. CHARLTON
United States Attorney
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Dated: October 27, 2005 sg John B. Snyder, III
6 JOHN B. SNYDER, III
Trial Attorney, Tax Division
7 U.S. Department of Justice
Post Office Box 683
8 Ben Franklin Station
Washington, D.C. 20044
9 Telephone: (202) 307-6548
Attorney for the United States
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13 Dated: October 27, 2005 s . Everett
J S . EVERETT
14 Law Offices of James J.
Everett, P.C.
15 2999 North 44th Street, Suite
225
16 Phoenix, Arizona 85018
(602) 230-2212
17 Attorney for plaintiffs
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28 1394785.1

Case 2:03-cv-02464-HRH

Document 44

Filed 10/27/2005

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Case 2:03-cv-02464-HRH

Document 44

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Case 2:03-cv-02464-HRH

Document 44

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