Free Notice (Other) - District Court of Federal Claims - federal

Case 1:07-cv-00263-LMB

Document 14

Filed 10/19/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
WALTER S. NEWBERN and SALLY H. NEWBERN, Plaintiffs v. UNITED STATES OF AMERICA Defendant. § § § § § § § § § § § §

CIVIL NO. 1:07-CV-00263-LMB JUDGE CHRISTINE O.C. MILLER

NOTICE OF PROCEEDING IN BANKRUPTCY The plaintiffs hereby notice the Court that the proceedings in this case should be stayed pursuant to the Bankruptcy Code, 11 U.S.C. §362(a)(8), because on May 25, 2007, the plaintiffs, W. Scott Newbern and Sally H. Newbern filed a petition with the United States Bankruptcy Court for the Northern District of Florida (Tallahassee) under 11 U.S.C. Chapter 13, case number 0740286-LMK, after timely filing the complaint in this Court on April 26, 2007. Copies of the Chapter 13 Voluntary Petition and the United States Bankruptcy Docket Sheet for that case are attached as Exhibits A and B, respectively. The issues presented in this case are substantively similar to those in the indirectly related cases of Lewin, et ux. v. United States, Fed. Cl. No. 06-751, Cooke, et ux. v. United States, Fed. Cl. No. 06-850, Cooper, et ux. v. United States, Fed.Cl. No. 07-107, and Bailey, et al v. United States, Fed. Cl. No. 07-204. As here, the plaintiffs in the listed cases are represented by attorneys with the law firm of Redding & Associates, P.C. The parties are currently attempting to determine which case is best suited to go forward to address the common issues. The stay in this case required under the Bankruptcy Code should not delay the resolution of those common issues.

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Case 1:07-cv-00263-LMB

Document 14

Filed 10/19/2007

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Counsel for the United States was contacted and represented that the United States does not object to the stay in this case.

Respectfully,

/s/ Sallie W. Gladney Sallie W. Gladney Redding & Associates, P.C. 2914 W. T.C. Jester Houston, Texas 77018 (713) 965-9244 Voice (713) 621-5227 Fax ATTORNEY FOR PLAINTIFFS OF COUNSEL FOR PLAINTIFFS: Teresa J. Womack Thomas E. Redding Redding & Associates, P.C. 2914 W. T.C. Jester Houston, Texas 77018 (713)965-9244 Voice (713)621-5227 Fax

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