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

Case 1:03-cv-02754-TCW

Document 63

Filed 05/04/2007

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 January 10, 2007, in the above-referenced matter, the parties submit the following report. At this juncture, plaintiff has completed the examination of its 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). Due to the large volume of documents, however, plaintiff only recently completed its review of the documents and compiled its findings. Accordingly, defendant has not had the opportunity to evaluate plaintiff's findings. Defendant's expert has examined a sample of plaintiff's findings and defendant's counsel intends to travel to plaintiff's counsel's offices during the week of May 21, 2007, to conduct further evaluation of plaintiff's findings. Once the parties complete their examination, they will be able to provide a recommendation for further proceedings, including whether a trial will be necessary to resolve any factual matters. -1-

Case 1:03-cv-02754-TCW

Document 63

Filed 05/04/2007

Page 2 of 2

Accordingly, the parties request a period of 60 days, until July 3, 2007, in which to finalize their examination of the records and to consult to formulate a plan for further proceedings. Respectfully submitted, May 4, 2007 Date s/Anthony C. Gulotta Anthony C. Gulotta, Esquire PA Atty. ID #82081 Anderson & Gulotta, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717) 635-7145 Fax (717) 541-5434 [email protected] Attorney for Plaintiff

May 4, 2007 Date

s/ G. Robson Stewart G. ROBSON STEWART 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) 307-6493 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section Steven I. Frahm Assistant Chief

May 4, 2007 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant

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