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

Case 1:07-cv-00236-EGB

Document 12

Filed 06/02/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-236 T (Judge Bruggink) ___________________________________ HOWARD A. MCKEE, Plaintiff, v.

THE UNITED STATES, Defendant ___________________________________ JOINT MOTION TO SUSPEND PROCEEDINGS ___________________________________ The parties respectfully request that the Court suspend proceedings to permit defendant to consider plaintiff's pending settlement offer. On May 30, 2008, plaintiff submitted to defendant an offer to settle all the unresolved issues in the above-captioned case. The Court of Federal Claims Section of the Tax Division of the United States Department of Justice intends to recommend acceptance of this offer to the Tax Division's Office of Review, which has final settlement authority in this matter. Under the Court's November 7, 2007, scheduling order, the parties soon will be required to make expert disclosures and to undertake expert discovery. Given these impending deadlines, and that it is likely that a settlement of this case can be reached without further expenditure of resources by the parties, the parties believe that the interests of judicial economy will be served

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Case 1:07-cv-00236-EGB

Document 12

Filed 06/02/2008

Page 2 of 2

by granting the instant motion.1 This joint motion to suspend proceedings has been prepared in consultation with plaintiff, who has authorized the undersigned attorneys for defendant to represent to the Court that he joins in this motion. Respectfully submitted,

June 2, 2008

s/ Joseph B. Syverson JOSEPH B. SYVERSON Attorney of Record U.S. Department of Justice, Tax Division Court of Federal Claims Section Post Office Box 26, Ben Franklin Station Washington, D.C. 20044 TELEPHONE (202) 307-6508 FACSIMILE (202) 514-9440 NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section G. ROBSON STEWART Reviewer, Court of Federal Claims Section

June 2, 2008

s/ G. Robson Stewart Of Counsel

In the event that the settlement offer ultimately is rejected by the Office of Review, the parties will propose a schedule for completion of expert discovery. -2-

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