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

Case 1:01-cv-00443-MCW

Document 34

Filed 05/10/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) EAGLEHAWK CARBON, et al., ) Plaintiffs, ) ) v. ) No. 01-443C ) (Judge Coster Williams) THE UNITED STATES, ) ) Defendant. ) ___________________________________ ) JOINT STATUS REPORT Pursuant to the Court's Order, dated February 1, 2004, and the April 12, 2007 correspondence from this Court, the parties respectfully submit this report advising the Court of the status of this case. This case has been stayed pending final resolution of Consolidation Coal, et. al. v. United States, Fed. Cl. No. 01-254. On February 22, 2007, the Court entered judgment in favor of one test plaintiff, Jim Walter Resources, Inc. On April 19, 2007, the United States, filed a Notice of Appeal of that decision to the United States Court of Appeals for the Federal Circuit. Counsel for the parties are in agreement that the stay should not be lifted. The parties anticipate that they will file a status report with this Court upon final resolution of the appeal. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director S/Todd M. Hughes TODD M. HUGHES Assistant Director

Case 1:01-cv-00443-MCW

Document 34

Filed 05/10/2007

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S/John Y. Merrell, Jr. JOHN Y. MERRELL, Jr. Merrell & Merrell, P.C. 1477 Chain Bridge Rd. Suite 101 McLean, VA 22101

S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, NW Washington, D.C. Tel: (202) 616-2228 Attorneys for Defendant

Attorney for Plaintiff May 10, 2007

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Case 1:01-cv-00443-MCW

Document 34

Filed 05/10/2007

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CERTIFICATE OF ELECTRONIC FILING I hereby certify that on this 10th day of May, 2007, a copy of the foregoing "JOINT STATUS REPORT" 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/Tara K. Hogan