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

Case 1:90-cv-00162-LJB

Document 601

Filed 09/25/2006

Page 1 of 3

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 SUSPEND PROCEEDINGS CONCERNING DEFENDANT'S MOTION FOR RECONSIDERATION Plaintiffs and defendant respectfully request 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. Defendant has requested reconsideration of the Court's December 1, 2004 opinion and order ("Adams III"), in which the Court granted partial summary judgment in favor of various plaintiffs. Plaintiffs filed an opposition to defendant's motion for reconsideration on September 13, 2006. Defendant noted in its motion for reconsideration that, subsequent to the issuance of Adams III, counsel for the parties engaged in negotiations to settle the claims addressed in that decision, that plaintiffs' counsel had transmitted a settlement offer to the Government in September 2005, and that, after careful review within the Department of Justice, the offer was rejected. As a result of recent discussions between the parties, however, plaintiffs' settlement proposal is again under active consideration within the Department of Justice. Plaintiffs' proposal has been reviewed by the Assistant Attorney General for the Civil Division, and is awaiting a final decision by the Acting Associate Attorney General.

Case 1:90-cv-00162-LJB

Document 601

Filed 09/25/2006

Page 2 of 3

The parties believe 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 three weeks, to and including October 16, 2006. In the event that a final decision concerning plaintiffs' 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 to and including October 16, 2006.

2

Case 1:90-cv-00162-LJB

Document 601

Filed 09/25/2006

Page 3 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/David M. Cohen DAVID M. COHEN Director 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/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: September 25, 2006

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: September 25, 2006

Filed Electronically with the consent of the Attorneys for Plaintiffs

3