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

Case 1:07-cv-00204-MCW

Document 6

Filed 05/09/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-204 T (Judge Mary Ellen Coster Williams)

LLOYD W. BAILEY et. al., Plaintiffs, v. THE UNITED STATES, Defendant. ______________ JOINT MOTION FOR SUSPENSION OF PROCEEDINGS

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. 06224 T. Plaintiffs' counsel has previously informed the Court that this case is indirectly related to Herda, Lawrence S. Lewin and Marion E. Lewin v. U.S., Fed. Cl. No. 06-751 T, Gordon R. Cooke and Jennifer L. Cooke v. U.S., Fed. Cl. No. 06-850 T, and Harold A. Cooper and Ruth Cooper, Deceased v. U.S., Fed. Cl. No. 07-107 T. See Notice [Doc. #3], Fed. Cl. No. 07-204 T. The undersigned attorney of record for the United States concurs with the assessment that this case is indirectly related to Herda, Lewin, Cooke, and Cooper. Lewin, Cooke, and Cooper are presently stayed pending the final disposition of Herda. Given the common issues of law and fact (material individual issues of law and fact may also exist) present in Herda, Lewin, Cooke, Cooper, and this case, the parties believe the efficient administration of justice would be significantly promoted by also suspending this case pending -1-

Case 1:07-cv-00204-MCW

Document 6

Filed 05/09/2007

Page 2 of 2

the final disposition of Herda. Respectfully submitted,

5/09/2007 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

5/09/2007 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

5/09/2007 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant

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