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

Case 1:06-cv-00691-LMB

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Filed 04/21/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________ No. 06-691 T (Judge Baskir) ILLINOIS CENTRAL RAILROAD COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. _________________ JOINT STATUS REPORT _________________

Pursuant to the Court's Order filed January 5, 2007, Plaintiff and Defendant hereby file this Joint Status Report regarding the progress of proceedings in CSX Corp. v. United States, Fed. Cl. No. 95-858T, appeals docketed, Fed. Cir. No. 07-5003, and other matters relevant to the instant case. The Court's January 5, 2007 Order stayed all proceedings in the instant case pending issuance of a final nonappealable decision in the CSX case, and directed that the parties file Joint Status Reports in the instant case every 45 days, consistent with the schedule for filing Joint Status Reports in the related cases of Grand Trunk Western Railroad Incorporated

Case 1:06-cv-00691-LMB

Document 27

Filed 04/21/2008

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v. United States , Fed. Cl. No. 00-544T, and Illinois Central Railroad Company v. United States, Fed. Cl. No. 06-527T. As reported in the prior Joint Status Report, the United States Court of Appeals for the Federal Circuit issued its panel decision in CSX on March 6, 2008, ruling on the application of employment taxes to all the categories of separation payments at issue in the CSX case. The Court of Appeals has not yet issued its mandate in CSX, and there has been no further action in the CSX case since the opinion was issued. The parties are still awaiting possible reconsideration or certiorari in CSX, and will keep the Court advised of procedural developments in that respect. If the CSX decision becomes nonappealable, the parties will jointly consider the import of the Court of Appeals decision and provide recommendations to the Court on how the instant case should proceed.

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Case 1:06-cv-00691-LMB

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Respectfully submitted,

Apr. 21, 2008 Date

s/ Steven C. Lambert STEVEN C. LAMBERT Attorney of Record for Plaintiff Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007 Tel: (202) 295-4067 Fax: (202) 672-5399 Of Counsel for Plaintiff: RICHARD F. RILEY, JR. Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007

Apr. 21, 2008 Date

s/ Benjamin C. King, Jr. BENJAMIN C. KING, JR. Attorney of Record for Defendant Tax Division, Court of Federal Claims Section U.S. Department of Justice Post Office Box 26 Ben Franklin Station Washington, DC 20044 Tel: (202) 307-6506 Fax: (202) 514-9440 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

Apr. 21, 2008 Date

s/ David Gustafson Of Counsel

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