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

Case 1:03-cv-00101-ECH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WHITE SANDS CONSTRUCTION, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-101C (Judge Hewitt)

DEFENDANT'S UNOPPOSED MOTION TO CONTINUE STAY AND FILE STIPULATION OF SETTLEMENT ON FEBRUARY 16, 2004 Defendant respectfully requests that this action remain stayed until February 16, 2004, and that the Court direct the parties to file the stipulation of settlement on January 15, 2004. Counsel for defendant has discussed this motion with Plaintiff does not oppose this motion.

plaintiff's counsel.

In the parties joint status report dated October 10, 2003, the parties advised the Court that they had agreed upon the terms of a settlement agreement but required additional time to resolve certain other issues relating to the contract at issue. The

parties advised the Court that they estimated that those issues would be resolved by December 1, 2003, at which time the parties anticipated that they would file a stipulation of settlement with the Court. In response to defendant's unopposed motion to

continue the stay until January 15, 2004, the Court, on December 1, 2003, issued an order which continued the stay until January 15, 2004 and directed the parties to file a stipulation of settlement by January 15, 2003. As we stated in our motion to continue the stay entered on

Case 1:03-cv-00101-ECH

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November 26, 2003, the Air Force had requested funding to resolve the various issues related to this contract, including funding to settle this lawsuit, but as of November 26, 2003 had not received the funds. Defendant was not successful in obtaining funding in Defendant sought

the manner referenced in our previous motion.

funds elsewhere, and on January 14, 2004, defendant believes that it obtained funding to pay plaintiff. Defendant estimates that

it will require up to one month to issue payment to plaintiff. CONCLUSION For the foregoing reasons, defendant requests that this Court continue the stay until February 16, 2004 and direct the parties to file the stipulation of settlement on that date. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/Bryant G. Snee BRYANT G. SNEE Assistant Director

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s/Michael N. O'Connell MICHAEL N. O'CONNELL Trial Attorney U.S. Department of Justice Civil Division Commercial Litigation Branch 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel.: (202) 307-0282 Attorneys for Defendant

OF COUNSEL: MAJOR LARRY ANDERSON AFLSA/JACN 1501 Wilson Blvd. Room 606 Arlington, VA 22209-2403

January 15, 2004

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CERTIFICATE OF FILING I hereby certify that on January 15, 2004, a copy of the foregoing defendants' motion to continue stay and file settlement agreement on February 16, 2004 was filed electronically. I understand that a copy of the Answer 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/Michael N. O'Connell MICHAEL N. O'CONNELL

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