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

Case 1:06-cv-00386-RHH

Document 9

Filed 10/20/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EA INDUSTRIES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-386C (Judge Hodges, Jr.)

JOINT MOTION TO STAY PROCEEDINGS Plaintiff, EA Industries, Inc. ("EAI"), and defendant, the United States, respectfully request that the Court stay proceedings in this case for a period of 98 days,1 to and including January 26, 2007. of this case. On May 11, 2006, EAI filed a complaint alleging that it is entitled to an equitable adjustment in the amount of $80,811.72 and $129,823.75 as a result of two separate stop work orders issued by the Government. Our response is due October 20, 2006. This is the first request for a stay

Based upon preliminary discussions, the parties believe that this matter may be appropriate for settlement. Accordingly,

staying this litigation to give the parties an opportunity to explore the possibility of resolving this matter without further briefing and formal discovery will conserve the parties' and this Court's resources, and pursuant to Rule 1(a)(2) of the Rules of the United States Court of Federal Claims, promote the "just, speedy, and inexpensive determination" of this action.

The 90 days is calculated from October 20, 2006, the date defendant's response to the complaint is due.

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Case 1:06-cv-00386-RHH

Document 9

Filed 10/20/2006

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The parties propose that they submit a joint status report no later than January 19, 2007, informing the Court of their progress. For the foregoing reasons, plaintiff and defendant respectfully request that the Court stay proceedings in this case for a period of 98 days, to and including January 26, 2007.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/Donald E. Kinner DONALD E. KINNER Assistant Director Marc Lamer MARC LAMER Kostos & Lamer, P.C. 1608 Walnut Street, Suite 1300 Philadelphia, PA 19103 Tel: (215) 545-0570 Fax: (215) 545-4617 /s/Elizabeth Thomas ELIZABETH THOMAS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tel: (202) 353-4175 Fax: (202) 514-7956 Attorneys for Defendant

Attorney for Plaintiff October 20, 2006

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Case 1:06-cv-00386-RHH

Document 9

Filed 10/20/2006

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CERTIFICATE OF SERVICE I hereby certify that on October 20, 2006, a copy of the foregoing "JOINT MOTION TO STAY PROCEEDINGS" 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. system. Parties may access this filing through the Court's

/s/Elizabeth Thomas