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

Case 1:90-cv-00162-LJB

Document 607

Filed 11/03/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS STEPHEN S. ADAMS, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 90-162C and consolidated cases (Judge Bush)

JOINT MOTION TO EXTEND SUSPENSION OF PROCEEDINGS CONCERNING DEFENDANT'S MOTION FOR RECONSIDERATION Plaintiffs and defendant respectfully request that the Court extend the current suspension of proceedings concerning defendant's motion for reconsideration, to and including November 17, 2006. On September 25, 2006, the parties jointly requested that the Court suspend all proceedings concerning defendant's motion for reconsideration to and including October 16, 2006, pending a final decision by the Acting Associate Attorney General whether to accept plaintiffs' settlement offer. By order dated September 27, 2006, the Court granted the motion and suspended proceedings as requested. On October 16, 2006, the parties requested that this suspension be extended to November 3, 2006. This request was granted by order dated October 17, 2006. The parties stated, in their previous joint motions concerning this matter, that plaintiffs' offer had been reviewed by the Assistant Attorney General for the Civil Division, and was awaiting a final decision by the Acting Associate Attorney General. Plaintiffs' offer is still awaiting a final decision by the Acting Associate Attorney General. The parties continue to believe that further proceedings on the motion for reconsideration at the current stage of the settlement authorization process would not be productive. The parties request, therefore, that all further proceedings on the motion for reconsideration be suspended for an additional 14 days, to and including November 17, 2006. In the event that a final decision concerning plaintiffs'

Case 1:90-cv-00162-LJB

Document 607

Filed 11/03/2006

Page 2 of 2

settlement proposal is made prior to that date, defendant will promptly so inform the Court and plaintiffs. For the foregoing reasons, the parties respectfully request that all further proceedings on defendant's motion for reconsideration be suspended for an additional 14 days, to and including November 17, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/Jules Bernstein JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202) 296-7220 s/Edgar N. James EDGAR N. JAMES James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiffs Dated: November 3, 2006 s/David M. Cohen DAVID M. COHEN Director s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Washington, D.C. 20036 Tel: (202) 305-7561 Fax: (202) 305-7643 OF COUNSEL: Michael J. Dierberg William Rayel Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Attorneys for Defendant Dated: November 3, 2006 Filed Electronically with the consent of the Attorneys for Plaintiffs

2