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

Case 1:03-cv-02754-TCW

Document 60

Filed 01/04/2007

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 December 15, 2006, in the above-referenced matter, the parties submit the following report. At this juncture, Plaintiff and the United States believe that the best course of action in light of the decision in USA Choice Internet Service, LLC v. United States, Fed Cl. No. 05-525 T (decided November 15, 2005), is for the parties to conduct a thorough examination of the extensive invoices, tariffs, contracts, and other relevant documents in this action. The examination will allow the parties to consult and determine to what extent the factual record in this case will need to be supplemented, and most effective manner to provide such supplementation to the Court. Once the parties complete their examination, they will be able to provide a recommendation for further proceedings, including supplemental briefing to assist the Court with assessing the effect of the USA Choice on this suit.

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Case 1:03-cv-02754-TCW

Document 60

Filed 01/04/2007

Page 2 of 2

Accordingly, the parties request a period of 120 days, until May 4, 2007, in which to conduct their examination of the records and to consult in order to formulate a plan for further proceedings in this action. Respectfully submitted, January 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

January 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

January 4, 2007 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant -2-