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

Case 1:01-cv-00305-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 01-305 T (Judge Lawrence M. Baskir)

RICHARD J. CAROTA, Plaintiff v. THE UNITED STATES, Defendant.

JOINT STATUS REPORT

Pursuant to the Court's Order dated August 16, 2006 [Doc. #35], the parties provide the following status report to update the Court on the progress of Donald L. and Bettye G. Dismore v. United States, Fed. Cl. No. 04-1787 T. (The other cases on which the parties periodically report are Robert J. Isler and Susan L. Isler v. United States, Fed. Cl. No. 01-344 T; Jeffrey T. Scuteri v. United States, Fed. Cl. No. 01-358 T; Ronald C. and Mary G. Prati v. United States, Fed. Cl. No. 02-60 T; John F. and Pamela F. Hinck v. United States, Fed. Cl. No. 03-865 T; Kenneth C. Keener v. United States, Fed. Cl. No. 03-2028 T; and William P. Smith, Jr. and Anne
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Case 1:01-cv-00305-LMB

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D. Smith v. United States, Fed. Cl. No. 04-907 T. These will be reported on in due course on November 1, 2007, in accord with the Court's order). On September 18, 2007, the Court, pursuant to RCFC 41(b), dismissed Dismore for lack of prosecution. Because Dismore was dismissed for lack of prosecution, no decision issued that impacts four of the AMCOR cases that are consolidated with this case (for status report purposes) and that have claims like the ones raised in Dismore: Carota, Fed. Cl. No. 01-305T, Ganter, Fed. Cl. No. 02-248T, Henderson, Fed. Cl. No. 04-1765T, and Johnson, Fed. Cl. No. 05-221T. There are now, however, four other AMCOR cases already moving forward in which plaintiffs have raised claims like the ones plaintiffs have raised in Carota, Ganter, Henderson, and Johnson. The four cases are Perkins, Fed. Cl. No. 06-51T, Schell, Fed. Cl. No. 04-1743T, Jewell, Fed. Cl. No. 06-228T, and LeBlanc, Fed. Cl. No. 05-743T. Accordingly, the parties request the Court continue to stay Carota, Ganter, Henderson, and Johnson, until one or more of Perkins, Schell, Jewell, and LeBlanc is resolved, and correspondingly propose that the latter four cases be reported on in the parties' periodic joint status reports.

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Case 1:01-cv-00305-LMB

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Respectfully submitted, 10/18/2007 s/Thomas E. Redding by s/Bart D. Jeffress Date THOMAS E. REDDING Redding & Associates, P.C. 2914 West T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (fax) Attorney for Plaintiffs 10/18/2007 s/Bart D. Jeffress Date BART D. JEFFRESS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section 10/18/2007 s/Steven I. Frahm Date Of Counsel Attorneys for Defendant

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