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

Case 1:08-cv-00113-CCM

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Filed 08/25/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ALCATEC, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-113C (Judge C. Miller)

DEFENDANT'S MOTION UPON BEHALF OF THE PARTIES TO CONTINUE THE SUSPENSION OF ALL PROCEEDINGS FOR AN ADDITIONAL 62 DAYS Defendant, upon behalf of the parties, respectfully requests that this Court issue an order to continue the suspension of all proceedings in this matter for an additional 62 days, to and including October 27, 2008. Pursuant to the Court's May 27, 2008 order, defendant is to file a status report or otherwise respond to the complaint on or before August 26, 2008. The Court previously has granted defendant an enlargement of time of 30 days within which to respond to Alcatec, LLC's ("ALCATEC") complaint and the parties' joint motion for a suspension of all proceedings for 90 days. ALCATEC's counsel has reviewed this motion and authorizes Government counsel to state that ALCATEC joins in this motion. The basis upon which the parties request the continuation of the suspension of all proceedings is the identical reason which prompted the parties' previous motion to suspend. Because of other related matters that potentially would affect

Case 1:08-cv-00113-CCM

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any discovery in this action, both parties believe that the interests of justice and the most efficient resolution of this matter can be best achieved by suspending all proceedings in this matter for an additional 62 days. For the foregoing reasons, the parties respectfully request that this Court grant this motion and enter an order to continue the suspension of all proceedings in this matter for an additional 62 days, to and including October 27, 2008, and direct the defendant to file a status report regarding further proceedings or otherwise respond to the complaint on or before October 27, 2008.1 Respectfully submitted, Gregory G. Katsas Acting Assistant Attorney General JEANNE E. DAVIDSON Director REGINALD T. BLADES, JR. Assistant Director

Should the Court deny this motion, the Government respectfully requests that the Court provide for the Government to file its response to ALCATEC's complaint within 14 days of the Court's order.

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Case 1:08-cv-00113-CCM

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Filed 08/25/2008

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OF COUNSEL: /s/ John. S. Groat John A. Thompson Senior General Attorney General Law Division Office of the General Counsel DHS/Federal Emergency Management Agency JOHN S. GROAT Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-8260 Fax: (202) 514-7965 [email protected] August 25, 2008 Attorneys for Defendant

Case 1:08-cv-00113-CCM

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CERTIFICATE OF FILING I hereby certify that on August 25, 2008, a copy of the foregoing DEFENDANT'S MOTION UPON BEHALF OF THE PARTIES TO CONTINUE THE SUSPENSION OF ALL PROCEEDINGS FOR AN ADDITIONAL 62 DAYS, was filed electronically. I understand that notice of this filing 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/John S. Groat