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

Case 1:99-cv-02051-LAS

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Filed 10/27/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) ROBERT M. ATHEY, et al., ) ) Plaintiffs, ) v. ) ) THE UNITED STATES, ) ) Defendant. ) )

C.A. No. 99-205C (Senior Judge Smith)

PLAINTIFFS' MOTION FOR SEVERANCE OF THE CLAIMS OF ROBIN- JEAN SOLOW Plaintiffs respectfully move pursuant to RCFC, Rule 21 that the named plaintiff ROBIN-JEAN SOLOW, a former employee of The Resolution Trust Corporation, and her class action claims relating to former employees of Federal Government agencies other than the 17 agencies listed in Exhibit 4 to the Archuleta Settlement Agreement or by the Department of Veterans Affairs, shall be severed without prejudice from this case to continue in this court in a new case to be filed within ten days entitled Robin-Jean Solow v. United States. Plaintiffs submit that this motion should be granted in the interests of justice and judicial economy. WHEREFORE, because of the important benefits afforded to the judicial system and the named plaintiff identified above, plaintiffs respectfully move the Court to grant plaintiffs' motion as follows:

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Case 1:99-cv-02051-LAS

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The class action claims of named plaintiff Robin-Jean Solow, alleged in Athey et al. v. United States, shall be severed without prejudice from this case to be proceeded with as a named plaintiff in a new case entitled Robin-Jean Solow v. United States relating to former employees of Federal Government agencies other than those listed in Exhibit 4 to the Settlement Agreement in Archuleta et al. v. United States or by the Department of Veterans Affairs.

Respectfully submitted, s/Ira M. Lechner Ira M. Lechner Attorney for Plaintiffs 19811- 4th Place Escondido, CA 92029 Telephone: (858) 864-2258
P P

September 26, 2006

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Case 1:99-cv-02051-LAS

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Filed 10/27/2006

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