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

Case 1:06-cv-00386-RHH

Document 11

Filed 01/25/2007

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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 continue to stay proceedings in this case for a period of 42 days,1 to and including March 9, 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. Based upon settlement discussions, the parties believe that this matter may be appropriate for settlement. Accordingly, This is the second request for a stay

staying this litigation to allow the parties to continue 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 42 days is calculated from January 26, 2007, the date the parties status report is due.

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Case 1:06-cv-00386-RHH

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Filed 01/25/2007

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The parties propose that they submit a joint status report no later than March 9, 2007, informing the Court of their progress. For the foregoing reasons, the plaintiff and defendant respectfully request that the Court stay proceedings in this case for a period of 42 days, to and including March 9, 2007.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/Bryant G. Snee BRYANT G. SNEE Assistant Director /S/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 January 25, 2007

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Case 1:06-cv-00386-RHH

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Filed 01/25/2007

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CERTIFICATE OF SERVICE I hereby certify that on January 25, 2007, 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