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

Case 1:07-cv-00160-EGB

Document 19

Filed 05/19/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS J.O.A. CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-160C (Judge Bruggink)

JOINT MOTION FOR A STAY OF DISCOVERY Pursuant to Rule 26 of the Rules of the United States Court of Federal Claims ("RCFC"), plaintiff, J.O.A. Construction Co., Inc. ("J.O.A."), and defendant, the United States, respectfully request that the Court stay discovery in this case until it rules on the Government's motion to dismiss, in part, which was filed on April 11, 2008. Prior to the Government's motion, the parties had substantially completed written discovery; however, no depositions had been taken. Pursuant to the Court's October 25, 2007 scheduling order, fact depositions must be completed by June 2, 2008. On May 14, 2008, the Court granted J.O.A.'s request for an extension of time to respond to the Government's motion until June 12, 2008. Because the resolution of the motion may affect the scope of discovery, the parties agree that a short stay pending the Court's decision is desirable. Upon the Court's decision, the parties request the opportunity to file an amended discovery schedule. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

Case 1:07-cv-00160-EGB

Document 19

Filed 05/19/2008

Page 2 of 3

s/Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director s/John K. Grylls JOHN K. GRYLLS John K. Grylls, PC 18430 Mack Avenue Grosse Point Farms, MI 48236 Tel: (313) 885-0123 Fax: (313) 886-7699 s/Armando A. Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., NW Washington, D.C. 20530 Tel: (202) 307-3390 Fax: (202) 514-8624 Attorneys for Defendant

Attorney for Plaintiff May 19, 2008

Case 1:07-cv-00160-EGB

Document 19

Filed 05/19/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 19th day of May, 2008, a copy of the foregoing "JOINT MOTION FOR A STAY OF DISCOVERY" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. The parties may access this filing through the Court's system.

s/ Armando Rodriguez-Feo