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

Case 1:07-cv-00062-LB

Document 5

Filed 03/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-062 T (Judge Thomas C. Wheeler)

THOMAS A. CONNELL and BEVERLY A. CONNELL, Plaintiffs, v. THE UNITED STATES, Defendant.

JOINT MOTION FOR SUSPENSION OF PROCEEDINGS AND TRANSFER TO THE HONORABLE LAWRENCE J. BLOCK

The parties, through their attorneys, respectfully request that proceedings be suspended in the above-captioned case and this case be transferred to the Honorable Lawrence J. Block. This case is an AMCOR case that presents issues of fact and law in common with the following other AMCOR cases: Robert J. Isler and Susan L. Isler v. United States, Fed. Cl. No. 01-344 T, Jeffrey T. Scuteri v. United States, Fed. Cl. No. 01-358 T, Ronald C. Prati and Mary G. Prati v. United States, Fed. Cl. No. 02-60 T, Kenneth C. Keener v. United States, Fed. Cl. No. 032028 T, William P. Smith, Jr. and Anne D. Smith v. United States, Fed. Cl. No. 04-907 T, and John F. and Pamela F. Hinck v. United States, Fed. Cl. No. 03-865 T. Accordingly, the parties request that proceedings be suspended pending a final decision in Isler, Scuteri, Prati, Keener, and Smith, and final appellate action in Hinck. On March 29, 2006, the parties' counsel filed a joint motion for transfer to a single judge of most pending and all future filed AMCOR partnership cases. See Wood et. al. v. U.S., Fed. -1-

Case 1:07-cv-00062-LB

Document 5

Filed 03/23/2007

Page 2 of 3

Cl. No. 02-56 T, Mot. [Doc. #24]. Subsequently, many AMCOR cases, including Isler, Scuteri, and Prati were transferred to Judge Lawrence J. Block. In addition, there is currently a procedure in place for newly filed AMCOR complaints under which plaintiffs' counsel notifies the clerk's office that the new case is an AMCOR case, and the clerk's office assigns the case to Judge Block. This procedure has worked well, except for a few cases that were misassigned. Plaintiffs' attorney has authorized defendant's attorney to sign this motion on his behalf. WHEREFORE, the parties respectfully request that proceedings be suspended in the above-captioned case and that the case be transferred to Judge Lawrence J. Block. Respectfully submitted, 3/23/2007 Date s/Thomas E. Redding by s/Bart D. Jeffress THOMAS E. REDDING Redding & Associates, P.C. 2914 W.T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (fax) Attorney for Plaintiffs 3/23/2007 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 -2-

Case 1:07-cv-00062-LB

Document 5

Filed 03/23/2007

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STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section

3/23/2007 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant

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