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

Case 1:03-cv-02754-TCW

Document 65

Filed 07/03/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 03-2754 T (JUDGE WHEELER) XO COMMUNICATIONS, INC., Plaintiff v. THE UNITED STATES, Defendant ______________ JOINT STATUS REPORT ______________ Pursuant to the Court's Order of May 8, 2007, the parties submit the following report. As previously reported, plaintiff completed its initial examination of invoices, tariffs, contracts, and other relevant documents to determine which of XO's services are similar in character to those described in USA Choice Internet Service, LLC v. United States, 73 Fed. Cl. 780 (2006), and defendant had begun its evaluation of plaintiff's findings. Defendant's counsel traveled to plaintiff's counsel's offices on May 23-4, 2007, to examine documents and evaluate plaintiff's findings. Based on the review of the documents at plaintiff's offices, defendant's counsel requested that plaintiff locate or obtain additional documents in order to allow defendant to continue its evaluation of plaintiff's findings. On June 25, 2007, defendant received additional documents from plaintiff. At this juncture, defendant is examining the additional documents and will continue to evaluate plaintiff' findings. Once the parties complete their examination, they will be able to provide a recommendation for further proceedings, including whether a trial will -1-

Case 1:03-cv-02754-TCW

Document 65

Filed 07/03/2007

Page 2 of 2

be necessary to resolve any factual matters. Accordingly, the parties request an additional period of 66 days, until September 7, 2007, in which to finalize their examination of the records and to consult to formulate a plan for further proceedings. Respectfully submitted, July 3, 2007 Date s/Anthony C. Gulotta Anthony C. Gulotta, Esquire Anderson & Gulotta, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717) 635-7145 Fax (717) 541-5434 [email protected] Attorney for Plaintiff

July 3, 2007 Date

s/ G. Robson Stewart G. ROBSON STEWART 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) 307-6493 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section Steven I. Frahm Assistant Chief

July 3, 2007 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant

-2-