Filing 865

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FARM-TO-CONSUMER LEGAL DEFENSE FUND et al v. SCHAFER et al Doc. 865 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. MICROSOFT CORPORATION, Defendant. Civil Action No. 98-1232 (CKK) Next Court Deadline: October 23, 2007 Teleconference REPORT STATING THE POSITION OF THE UNITED STATES ON THE RECENTLY-FILED MOTIONS TO EXTEND THE STATES' FINAL JUDGMENTS The United States of America, Plaintiff in United States v. Microsoft, CA No. 98-1232 (CKK), hereby files this Report pursuant to the Court's Minute Order of September 11, 2007, and the Court's request during the Teleconference of October 16, 2007. As the Court is aware, certain members of the California Group and certain members of the New York Group filed motions to extend their respective Final Judgments on October 16, 2007, and October 18, 2007, respectively (collectively, "Motions"). Pursuant to the Court's request, the United States informs the Court below of its general position with respect to the Motions. The United States will not file a motion to extend its Final Judgment as it does not believe that the standard for such an extension has been met. The United States is prepared to participate in any hearing to resolve the Motions orally and/or in writing, according to the Court's preference. The United States reserves the right to request, on its own initiative, approval from the Court to submit written filings and otherwise to participate as amicus curiae. Dated: October 19, 2007 Respectfully submitted, FOR THE UNITED STATES DEPARTMENT OF JUSTICE'S ANTITRUST DIVISION /s/ AARON D. HOAG JAMES J. TIERNEY SCOTT A. SCHEELE PHILIP A. GIORDANO ADAM T. SEVERT Trial Attorneys U.S. Department of Justice Antitrust Division 600 E Street, N.W. Suite 9500 Washington, D.C. 20530 202/514-8276 2

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