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

Case 1:07-cv-00320-MCW

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Filed 09/07/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HORACE L. BROCKINGTON, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

Case No. 07-320C (Judge Williams)

DEFENDANT'S CONSENT MOTION FOR STAY OF PROCEEDINGS Defendant respectfully moves this Court for a stay of proceedings for the purpose of pursuing settlement negotiations. Plaintiffs consent to this motion. Defendant's answer is currently due on or before September 17, 2007. At this time, it is unclear what duration of a stay the parties will require for such negotiations. Accordingly, the parties propose to file a joint status report on Monday, October 22, 2007 to update the Court on settlement progress. Staying this litigation to give the parties an opportunity to resolve this matter without further briefing and formal discovery will conserve the parties' and this Court's resources and, pursuant to Rule 1 of this Court, promote the "just, speedy, and inexpensive determination" of this action. For the foregoing reasons, defendant respectfully requests that the Court grant its motion to stay this case, pending the outcome of settlement negotiations, and to order that a joint status report be filed on October 22, 2007. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:07-cv-00320-MCW

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Filed 09/07/2007

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JEANNE E. DAVIDSON Director

s/ Todd M. Hughes by s/ K. Dintzer TODD M. HUGHES Deputy Director

s/ Matthew H. Solomson MATTHEW H. SOLOMSON Trial Attorney, Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-3274 Fax: (202) 514-8624 September 7, 2007 Attorneys for Defendant

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Case 1:07-cv-00320-MCW

Document 8

Filed 09/07/2007

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CERTIFICATE OF SERVICE

I hereby certify that, on this 7th day of September 2007, I caused to be filed electronically the foregoing DEFENDANT'S CONSENT MOTION FOR STAY OF PROCEEDINGS with the United States Court of Federal Claims. 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/ Matthew H. Solomson MATTHEW H. SOLOMSON