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

Case 1:07-cv-00876-JFM

Document 13

Filed 06/16/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 07-876 C (Filed June 16, 2008) YANKEE ATOMIC POWER COMPANY, Plaintiff, v. ) ) ) ) ) THE UNITED STATES, ) Defendant. ) ) ORDER Defendant's Motion to Stay, filed March 28, 2008, seeks a stay of all proceedings in this matter, including, but not limited to, defendant's obligation to respond to the Complaint, until resolutions of the appeals in Yankee Atomic Electric Co. v. United States, No. 07-5025 (Fed. Cir.) ("Yankee I"); Sacramento Municipal Utility District v. United States, No. 07-5052 (Fed. Cir.) ("SMUD"); Pacific Gas & Electric Co. v. United States, Nos. 07-5046 (Fed. Cir.) ("PG&E"); and Nebraska Public Power District v. United States, No. 07-5083 (Fed. Cir.) ("NPPD"). These appeals have all been fully briefed, argued and are under submission. Defendant contends that significant issues that may be resolved in these appeals may impact the instant action. In all these cases nuclear utilities seek damages for partial breach of contract. Plaintiff Yankee Atomic was one of three plaintiffs in Yankee I. Yankee I awarded damages incurred through 2001. This action is for damages incurred thereafter. To avoid hardship, plaintiff's Opposition to Defendant's Motion to Stay All Proceedings, filed April 14, 2008, argues that this action should be stayed only until there is a decision in Yankee I, because there is no justification for a stay pending resolution of cases involving different parties and issues. Defendant did not file a Reply. The court concludes that a stay of the proceedings in this case until the Federal Circuit issues a mandate resolving the appeal in Yankee I is warranted. Defendant has

Case 1:07-cv-00876-JFM

Document 13

Filed 06/16/2008

Page 2 of 2

not met its burden to justify a stay in this case beyond the resolution of the Yankee I appeal. Landis v. N. Am. Co., 299 U.S. 248, 255 (1936) ("Only in rare circumstances will a litigant in one cause be compelled to stand aside while a litigant in another settles the rule of law that will define the rights of both."). Accordingly, it is ORDERED that: (1) Proceedings in this matter shall be stayed until thirty days after the final decision by the Federal Circuit in the pending Yankee I appeal; (2) Defendant's Motion to Stay is GRANTED to the extent provided in (1) and is, otherwise, DENIED.

s/ James F. Merow

James F. Merow Senior Judge

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