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

Case 1:00-cv-00512-FMA

Document 49

Filed 05/12/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PETRO-HUNT, L.L.C.

Plaintiff,
v.

) ) ) ) ) )
)

Case No. 00-512L
Judge Allegr

UNTED STATES OF AMERICA
Defendant.

) ) ) )

JOINT MOTION TO LIFT THE STAY
Petro-Hwit, L.L.C. and the United States of America, by counsel, respectfully request

that this Cour lift the stay in this matter and issue an order setting the schedule for further action
as proposed by the parties below.
Plaintiff filed this lawsuit on August 24,2000. On October 31, 2000, plaintiff

fied a

Joint Motion to Stay these proceedings pending the outcome of

its quiet title action. Plaintiffs
Louisiana, Civil

quiet title action was fied in the U.S. District Court for the Western District of

Action No. CVOO-0303S. This cour entered an order staying these proceedings on November 2,
2000.

Plaintiffs application for a wrt of certiorari in the quiet title action was denied by the
U.S. Supreme Court on March 3,2008. As a result, the quiet title action is over. Plaintiff avers

that causes of action remain for consideration in this Court and intends to fie an amended
complaint setting forth its claims for relief.

Accordingly, the paries respectfuly request that the Court enter an order setting the
schedule for fuer action in this matter as follows:

Case 1:00-cv-00512-FMA

Document 49

Filed 05/12/2008

Page 2 of 2

(1) Plaintiff wil fie an amended complaint no later than 30 days after the order
liftng the stay is entered; i

(2) Defendant wil file its answer or other response no later than 60 days after

plaintiff fies its amended complaint; and

(3) No furher Joint Status Reports will be required afer the stay is lifted.
A proposed order is enclosed with this Motion.
Respectfully Submitted,

~f Co
. HWHI
Of

i ('" ~JÆ
( J ES D. GETTE nvironment and Natural Resources Division United States Department of Justice 601 D Street, N.W., P.O. Box 663 Washington, D.C. 20044-0663
Telephone: 202~305-146l

The White Law Firm 650 Poydras Street Suite 1605 New Orleans, Louisiana 70130
Telephone: 504-799-2585

Facsimile: 504-799-2588
Counsel: D. Joe Smith Edmund M. Amorosi
SMITH PACHTER MCWHORTER PLC

Facsimile: 202-514-8865
Attorney for Defendant

8000 Towers Crescent Drive, Suite 900 Vienna, Virginia 22182
Telephone: 703-847-6300 Facsimile: 703-847-63l2
Attorneys for Plaintif

Dated: May 12, 2008

¡Notwithstanding this joint motion to lift stay, Defendant reserves its right to raise all defenses to the amended complait proposed by Plaintiff, including but not limited to statute of limitations defenses.