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

Case 1:08-cv-00105-BAF

Document 10

Filed 04/15/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FEDERAL AIR MARSHALS (FAM) 1,806, ET AL., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 08-105C (Judge Futey)

DEFENDANT'S CONSENT MOTION TO STAY PROCEEDINGS Defendant, the United States, respectfully requests that the Court stay further proceedings in this case, except for the filing of notices of consent of parties who may wish to join this action, pending the Court's resolution of cross-motions for summary judgment filed in the related case, Federal Air Marshals v. United States, No. 06-233C (Fed. Cl.). The issues in that

case and this are identical, counsel for the parties are the same, and the outcome of the two cases is, also, likely to be the same. The stay would conserve the resources of the parties and

the Court, while allowing parties who may wish to join this case to preserve their claims. Counsel for plaintiffs has represented to counsel for defendant that plaintiffs consent to this request, with the express reservation of the right to seek to have the stay lifted or modified for reasons that may arise or appear in the future. For the foregoing reasons, the United States respectfully requests that the Court stay further proceedings in this case, except for the filing of notices of consent of parties who may

Case 1:08-cv-00105-BAF

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Filed 04/15/2008

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wish to join this action, pending the resolution cross-motions for summary judgment filed in Case No. 06-233C. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/Bryant G. Snee by s/Brian M. Simkin BRYANT G. SNEE Deputy Director

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0342 Facsimile: (202) 514-7965 OF COUNSEL: JANESSA GRADY FLEMING Senior Counsel, Litigation Office of the Chief Counsel Transportation Security Administration Arlington, VA April 15, 2008 Attorneys for Defendant

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Case 1:08-cv-00105-BAF

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Filed 04/15/2008

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CERTIFICATE OF FILING I hereby certify that on April 15, 2008, a copy of the foregoing Defendant's Consent Motion to Stay Proceedings 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. the Court's system. Parties may access this filing through

s/Timothy P. McIlmail