Free Motion to Stay - District Court of Federal Claims - federal

Case 1:92-cv-00550-MCW

Document 126

Filed 09/22/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) NORTHEAST SAVINGS, F.A. ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ) __________________________________________)

Civil Action No. 92-550C Judge Williams

JOINT MOTION TO SUSPEND DEADLINE FOR SUBMISSION OF JOINT EXHIBIT/WITNESS LISTS The parties respectfully request leave to suspend the deadline for submission of the joint exhibit list and joint witness list called for under the Court's Pretrial Scheduling Order dated August 1, 2006 ("Order"), and, in support of this motion, state as follows: Under the Order, the parties were to file, by September 22, a joint exhibit list. According to the Order, the joint exhibit list was to include, among other things, a listing of "[j]oint stipulated exhibits," as well as listings of other exhibits designated by each party and each party's objections to the other party's exhibits (and the bases of those objections). As the parties informed chambers last week and again on September 21, the parties are currently engaged in discussions regarding exhibit issues. While discussions are ongoing, the parties are cautiously optimistic that they will soon be able to reach

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Case 1:92-cv-00550-MCW

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agreement with respect to large categories of exhibits, covering a significant percentage of the exhibits that are likely to be introduced at trial. As the parties discussed with chambers, in light of the prospect that the parties' continuing discussions will soon yield an agreement that should significantly narrow the universe of likely trial exhibits about which the parties disagree, the parties respectfully request that the Court suspend the deadline for filing the joint exhibit list. Of course, should the parties reach agreement with respect to exhibit issues, they will promptly inform the Court. The Court's Order also called upon the parties to file a "joint witness list." The parties have also discussed this matter, and, as they informed chambers on September 21, are in agreement that the witness lists that the parties have already filed with the Court ­ plaintiff's list having been filed on August 11 and defendant's list having been filed on September 15 ­ continue to accurately reflect each party's current judgment regarding the identity of witnesses who may be called at trial. For the foregoing reasons, the parties respectfully request that the Court suspend the deadline for the submission of the joint exhibit list and the joint witness list.

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Case 1:92-cv-00550-MCW

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Respectfully submitted,

/s/Charles J. Cooper Charles J. Cooper COOPER & KIRK, PLLC 555 Eleventh Street, N.W., Suite 750 Washington, D.C. 20004 (202) 220-9600 (202) 220-9601 (fax) Counsel of Record for Plaintiff Northeast Savings, F.A. Of Counsel: Michael W. Kirk Vincent J. Colatriano David H. Thompson David M. Lehn COOPER & KIRK, PLLC 555 Eleventh Street, N.W., Suite 750 Washington, D.C. 20004 (202) 220-9600 (202) 220-9601 (fax)

STUART E. SCHIFFER Deputy Assistant Attorney General DAVID M. COHEN Director JEANNE E. DAVIDSON Deputy Director /s/William F. Ryan WILLIAM F. RYAN Assistant Director

/s/Tarek Sawi TAREK SAWI Trial Attorney United States Department of Justice Civil Division Commercial Litigation Branch 1100 L Street, N.W. 8th Floor Washington, D.C. 20530 (202) 305-7562 Counsel of Record for Defendant United States

Dated: September 22, 2006

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Case 1:92-cv-00550-MCW

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 22nd day of September, a copy of the foregoing was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/Charles J. Cooper

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