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

Case 1:01-cv-00421-CCM

Document 41

Filed 07/12/2007

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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 June 27, 2007, the parties present this joint status report and ask the Court to continue the suspension of proceedings in this case. On June 7, 2003, the Court accepted the parties' stipulation that the defendant owes the plaintiff the principal sum of $331,678, payable without interest. By subsequent orders, the Court suspended proceedings until the appellate courts have finally determined all issues that could affect a final judgment. On May 4, 2007, the Court of Appeals for the Federal Circuit issued a mandate in a case that decided those issues, Clintwood Elkhorn Mining Co. et al. v. United States, 473 F.3d 1373 (Fed. Cir. 2007). The United States is considering whether to petition the Supreme Court for a -1-

Case 1:01-cv-00421-CCM

Document 41

Filed 07/12/2007

Page 2 of 2

writ of certiorari. Absent an extension, the United States must file its petition by August 2, 2007. See 28 U.S.C. § 2101(c). The appellate courts will not have finished consideration of the issues that could affect this case until one of the following events has occurred: (1) the United States has decided not to petition for certiorari; (2) the Supreme Court has denied the petition; or (3) the Supreme Court has granted the petition and has decided the case. Once the appellate consideration of Clintwood Elkhorn has become final, the parties will ask this Court to enter a final judgment consistent with that decision. WHEREFORE, the plaintiff and the defendant pray that their motion for continued suspension of proceedings be granted. The plaintiff agrees that defendant may submit this status report and motion as a joint filing. Respectfully submitted,

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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 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/ David Gustafson Of Counsel

July 12, 2007

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