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

Case 1:07-cv-00082-MBH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GULF GROUP GENERAL ENTERPRISES CO, W.L.L., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-858C (Chief Judge Damich)

DEFENDANT'S NOTICE OF FACTS SUPPORTING CONTINUATION OF THE STAY Pursuant to the Court's July 3, 2008 order, defendant, the United States, respectfully submits this notice to the Court, which describes the facts that support continuation of the stay of this case. As stated in the attached declaration of Mark W. Pletcher, a trial attorney in the Antitrust Division of the Department of Justice, the Government has been conducting a long-running investigation into contracting illegality at Camp Arifjan, Kuwait. Pletcher Decl. ¶ 1. That investigation continues, and Mr. Pletcher estimates that it will conclude by the end of 2008. Id. ¶ 3. Moreover, the investigation goes beyond the activities of Major John Cockerham. Id. ¶ 1. Indeed, according to Mr. Pletcher, the investigation "encompasses dozens of individuals and companies suspected of giving and receiving bribes, rigging bids, and laundering the proceeds of their illegal activity." Id. In addition, as explained in paragraph 4 of Mr. Pletcher's declaration, the conduct of discovery in this matter may "reveal the scope of the government's criminal investigation, the identities of targets, subjects and witnesses of the investigation, the techniques used by federal law enforcement officers to gather information, the identity of those cooperating with the

Case 1:07-cv-00082-MBH

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investigation, and other information that may jeopardize the government's ultimate ability to investigate or prosecute the matter fully." Id. ¶ 4. For the reasons stated in Mr. Pletcher's declaration, we respectfully request that the matter be stayed until January 7, 2009. We further propose that the Government submit a status report to the Court on that date, informing the Court of the status of the investigation and either proposing a schedule for further proceedings or requesting additional time for the stay, depending upon the circumstances at that time. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/ Robert E. Chandler ROBERT E. Chandler Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 514-4678 Fax: (202) 514-8624 Attorneys for Defendant

July 14, 2008

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CERTIFICATE OF SERVICE I hereby certify that on this 14th day of July 2008, a copy of the foregoing "DEFENDANT'S NOTICE OF FACTS SUPPORTING CONTINUATION OF THE STAY" 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. Parties may access this filing through the Court's system.

s/ Robert E. Chandler

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Case 1:07-cv-00082-MBH

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Case 1:07-cv-00082-MBH

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