Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:01-cv-00421-CCM

Document 49-2

Filed 05/02/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 01-421 T (Judge Christine Odell Cook Miller) _____________________________________

DRUMMOND COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. _______________________________________

JOINT STATUS REPORT AND MOTION FOR CONTINUED SUSPENSION _________________________________________

As the Court requested in its Order of December 13, 2007, the parties report that the Supreme Court has now decided that courts lack jurisdiction of claims for refund of coal-excise tax imposed on exports unless the taxpayer has filed a timely refund claim. See United States v. Clintwood Elkhorn Mining Co., 128 S. Ct. 1511 (2008). The decision in Clintwood Elkhorn, will decide all the unresolved issues in the present case if the decision becomes final. Clintwood Elkhorn may petition the Supreme Court for a rehearing on or before May 12, 2008. The parties therefore ask this Court to continue suspension of this case until May 19, 2008. The plaintiff agrees that defendant may submit this status report and motion as a joint filing. -1-

Case 1:01-cv-00421-CCM

Document 49-2

Filed 05/02/2008

Page 2 of 2

WHEREFORE, the plaintiff and the defendant pray that their motion for continued suspension of proceedings be granted. Respectfully submitted,

`

s/ Robert Stoddart ROBERT STODDART U. S. Department of Justice Tax Division Court of Federal Claims Section P. O. Box 26 Ben Franklin Post Office Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 NATHAN J. HOCHMAN Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/ David Gustafson Of Counsel

May 2, 2008

-2-