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

Case 1:06-cv-00387-LB

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Filed 04/21/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INFORMATION SYSTEMS & NETWORKS CORP. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-387C (Judge Block)

DEFENDANT'S CONSENT MOTION TO STAY PROCEEDINGS Defendant, the United States, respectfully requests that the Court stay further proceedings in this action pending the resolution of the related case, Information Systems & Networks Corp. v. United States, No. 06-99C (Fed. Cl.). Determination of

whether plaintiff is entitled to recovery in this action depends, at least in part, upon what indirect rates apply to the costreimbursement contracts at issue in this action. In addition,

the Government has asserted a counterclaim in this action for $280,241, representing what a contracting officer determined plaintiff owes the Government for contract overpayment based upon indirect cost rates that the contracting officer determined. Plaintiff has challenged the contracting officer's indirect rates decision in Case No. 06-99C. The resolution of Case No. 06-99C,

therefore, may affect the resolution of both plaintiff's claims and the Government's counterclaim. Because the resolution of Case No. 06-99C may affect the resolution of this action, it is in the interests of the parties and judicial economy to stay this action pending the resolution

Case 1:06-cv-00387-LB

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of Case No. 06-99C.

Counsel for plaintiff has represented to

counsel for defendant that plaintiff consents to this request. For the foregoing reasons, the United States respectfully requests that the Court stay further proceedings in this action pending the resolution of Case No. 06-99C. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick MARK A. MELNICK Assistant Director

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 514-4325 Fax: (202) 514-7965 OF COUNSEL: GREGORY T. ALLEN Trial Attorney Defense Contract Management Agency Manassas, VA Attorneys for Defendant April 21, 2008 2

Case 1:06-cv-00387-LB

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Filed 04/21/2008

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Certificate of Filing I hereby certify that on April 21, 2008, a copy of the foregoing Defendant's Consent 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. the Court's system. s/Timothy P. McIlmail Parties may access this filing through