Free Order Staying Case - District Court of Federal Claims - federal

Case 1:07-cv-00074-CFL

Document 11

Filed 01/14/2008

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-74T (Filed: January 14, 2008) ____________________________________ ) KANAWHA EAGLE COAL, LLC, ) ) Plaintiff, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ____________________________________) ORDER Pending before the court is the government's Motion for Suspension of Proceedings, filed January 11, 2008. Because the Supreme Court recently granted certiorari for United States v. Clintwood Elkhorn Mining Co., 473 F.3d 1373 (Fed. Cir. 2007), cert. granted, 76 U.S.L.W. 3286 (U.S. Dec. 3, 2007) (No. 07-308), in which the Court will review a question that is pertinent to the case at hand, the government seeks to stay all proceedings in this case until two weeks after the Supreme Court issues a final decision. For good cause shown, the government's motion is granted and proceedings are stayed. The parties shall file a joint status report within 20 days after the Supreme Court's final disposition of Clintwood Elkhorn. It is so ORDERED.

s/ Charles F. Lettow Judge