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

Case 1:07-cv-00263-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-263 T (Judge Lawrence M. Baskir)

WALTER S. NEWBERN and SALLY H. NEWBERN, Plaintiffs, v. THE UNITED STATES, Defendant. ______________ JOINT MOTION FOR SUSPENSION OF PROCEEDINGS AND TRANSFER TO THE HONORABLE MARY ELLEN COSTER WILLIAMS

The parties respectfully request that proceedings be suspended in this case pending the Court's final disposition of John Herda and Margaret Herda et. al. v. U.S., Fed. Cl. No. 06-224 T, and that this case be transferred to the Honorable Mary Ellen Coster Williams. Plaintiffs' counsel has previously informed the Court that this case is indirectly related to (1) John Herda and Margaret Herda et. al. v. U.S., Fed. Cl. No. 06-224 T, (2) Lawrence S. Lewin and Marion E. Lewin v. U.S., Fed. Cl. No. 06-751 T, (3) Gordon R. Cooke and Jennifer L. Cooke v. U.S., Fed.

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Cl. No. 06-850 T, (4) Harold A. Cooper and Ruth Cooper, Deceased v. U.S., Fed. Cl. No. 07-107 T, and (5) Lloyd W. Bailey et. al. v. U.S., Fed. Cl. No. 07-204 T. See Notice [Doc. #2], Fed. Cl. No. 07-263 T. Plaintiffs in all five cases and this case are represented by attorneys from the same law firm, Redding & Associates, P.C., and the undersigned attorney of record for defendant has appeared on behalf of the United States in all six. The undersigned attorney of record for the United States agrees with much of what plaintiffs stated in their notice and concurs with the assessment that this case is indirectly related to Herda, Lewin, Cooke, Cooper, and Bailey. Those five cases were either transferred or assigned to Judge Williams. After the first three cases (Herda, Lewin, and Cooke) were filed, defendant filed a notice of indirectly related cases in Herda pursuant to RCFC 40.2(b). See Notice [Doc. #13], Fed. Cl. No. 06-224 T. The notice alerted the Court that all three cases presented common issues of law and fact, that, in defendant's view, transfer of the three cases to a single judge would significantly promote the efficient administration of justice, and that plaintiffs' counsel and of counsel agreed that the cases were indirectly related. Within one month of the filing of defendant's notice, the Court

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transferred Herda and Lewin to Judge Williams, to whom Cooke had been assigned originally. Thereafter, when filing both Cooper and Bailey, plaintiffs submitted a notice of indirectly related cases with their complaint, explaining their view of the indirect relation between each and the earlier cases (including Herda, Lewin, and Cooke) and stating their belief that assignment or transfer to Judge Williams would significantly promote the efficient administration of justice. Cooper and Bailey were each assigned to Judge Williams. Plaintiffs followed the same approach for this case, but it was not assigned or transferred to Judge Williams. Upon the parties' motion, Judge Williams has stayed Lewin, Cooke, Cooper, and Bailey, pending the final disposition of Herda, in which there is currently a summary judgment briefing schedule. Given the common issues of law and fact (material individual issues of law and fact may also exist) present in Herda, Lewin, Cooke, Cooper, Bailey, and this case, and in light of the procedural history outlined above, the parties believe the efficient administration of justice would be significantly promoted by suspending this case pending the final disposition of Herda and transferring it to Judge Williams.* After the filing of this suit, plaintiffs filed for bankruptcy protection. Plaintiffs' attorney is considering the ramifications of the bankruptcy for this
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Respectfully submitted, 6/25/2007 Date s/Sallie W. Gladney by s/Bart D. Jeffress SALLIE W. GLADNEY Redding & Associates, P.C. 2914 W.T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (fax) Attorney for Plaintiffs 6/25/2007 Date s/Bart D. Jeffress BART D. JEFFRESS Attorney of Record U.S. Department of Justice, Tax Division Court of Federal Claims Section Post Office Box 26, Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section 6/25/2007 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant proceeding, including whether this proceeding is automatically stayed pursuant to the Bankruptcy Code or whether a trustee must substitute for plaintiffs. -4-