Free Status Report - District Court of Federal Claims - federal

Case 1:03-cv-01216-JPW

Document 29

Filed 05/04/2005

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS PLACID HOLDING COMPANY, Plaintiff, vs. THE UNITED STATES, Defendant ) ) ) ) ) ) ) ) STATUS REPORT Plaintiff, Placid Holding Company ("Placid"), on behalf of both Placid and Defendant, the United States, respectfully submits this Status Report in response to the Federal Circuit's decision in the similarly-situated case of Tesoro Hawaii Corporation, et al. v. United States, No. 04-5064 (Fed. Cir. Apr. 26, 2005). Plaintiffs-Appellants in Tesoro, also represented by counsel of record for Placid here, have stated that they intend to file a petition for rehearing en banc before the Federal Circuit. Because Tesoro involves the same fundamental issues concerning the legality of DESC's military fuel prices that are present in this case, Placid and the United States jointly request that the Court continue the stay of proceedings in this case until resolution of the petition for rehearing en banc in Tesoro. Should the Court grant the parties' request to continue the stay, the parties will file a Status Report within fourteen days of the issuance of the mandate in Tesoro. Respectfully submitted, s/ J. Keith Burt J. Keith Burt Mayer, Brown, Rowe & Maw LLP 1909 K Street, N.W. Washington, D.C. 20006 (202) 263-3208 (Phone) (202) 263-5208 (Fax) Counsel for Plaintiff, Placid Holding Company May 4, 2005

No. 03-1216C (Senior Judge Wiese)