Free Motion for Status Conference - District Court of Federal Claims - federal

Case 1:08-cv-00198-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BAY PLAZA PROPERTIES, LLC, et al., ) ) ) ) Plaintiffs ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant ) ________________________________ )

Hon. Lawrence M. Baskir

Case No. 08-198

DEFENDANT'S MOTION FOR A STATUS CONFERENCE AND TO STRIKE PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ____________________________________________________________ COMES NOW, Defendant, United States, and respectfully moves this Court to schedule a status conference in the above-captioned matter in order to discuss the motions filed by Plaintiffs shortly after the filing of their Complaint and to direct the parties on how the Court wishes for parties to proceed. Defendant also respectfully moves this Court to stay all proceedings on Plaintiffs' motions until the Court has provided its direction on these matters. Finally, pursuant to this Court's special procedures order and Rule 56(a) of the Rules of the Court of Federal Claims, Defendant respectfully moves this Court to strike Plaintiffs' Motion for Partial Summary Judgment. 1

Case 1:08-cv-00198-LMB

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A memorandum in support of this motion is attached. Respectfully submitted this 4th day of April, 2008,

RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division s/ Mark T. Romley Mark T. Romley William Shapiro Trial Attorneys Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0458 Fax: (202) 305-0506 Counsel for the Defendant. Of Counsel: Evelyn Kitay Surface Transportation Board Washington, DC

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Case 1:08-cv-00198-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BAY PLAZA PROPERTIES, LLC, et al., ) ) ) ) Plaintiffs ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant ) ________________________________ )

Hon. Lawrence M. Baskir

Case No. 08-198

MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION FOR A STATUS CONFERENCE AND TO STRIKE PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ____________________________________________________________ On March 21, 2008, Plaintiffs filed a Complaint in the above captioned matter alleging a Fifth Amendment taking by virtue of the operation of the Trails Act, 16 U.S.C. § 1247(d). That same day, Plaintiffs filed a Notice of Indirectly Related Case Pursuant to Rule 40.2(b), (Docket No. 6),1/ and a Motion for Reassignment of a Related Matter to Judge Mary Ellen Coster Williams. (Docket No. 5). On March 26, 2008, Plaintiffs also

Plaintiffs' Notice of Indirectly Related Case should have been filed in the earliest-filed related case, Rogers v. United States, 07-273 (filed May 1, 2007)(Williams, J.), as is required by the Court's rules. See RCFC 40.2(b)(1)("The notice shall be captioned in the name of the earliest-filed case.). 1

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Case 1:08-cv-00198-LMB

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filed a Motion for Leave to File Motion for Partial Summary Judgment Pursuant to RCFC 56(a), (Docket No. 7), and a Motion for Partial Summary Judgment. (Docket No. 8). Currently, Defendant's response to the Motion for Reassignment is scheduled for filing on April 7, 2008. Given the nascency of this matter, and the number of motions already filed by Plaintiffs, Defendant respectfully requests a status conference to discuss the manner in which the Court would like the parties to proceed. Additionally, because Plaintiffs filed their Motion for Summary Judgment on the same day as their motion for leave to file, in derogation of this Court's special procedures order and Rule 56(a) of the Rules of the Court of Federal Claims, giving neither the Court nor Defendant time to respond, Defendant respectfully requests that the Court strike Plaintiffs' Motion for Partial Summary Judgment. (See Docket Nos. 7, 8). Defendant also respectfully requests that proceedings on Plaintiffs' other motions be stayed until such time as the Court conducts a status conference to direct the parties on how the Court wishes the matters described above to proceed. WHEREFORE, Defendant respectfully requests that the Court convene a

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Case 1:08-cv-00198-LMB

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status conference to address these matters, stay all proceedings on Plaintiffs' pending motions and strike Plaintiffs' Motion for Partial Summary Judgment. Respectfully submitted this 4th day of April, 2008,

RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division s/ Mark T. Romley Mark T. Romley William Shapiro Trial Attorneys Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0458 Fax: (202) 305-0506

Counsel for the Defendant.

Of Counsel: Evelyn Kitay Surface Transportation Board Washington, DC

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