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

Case 1:06-cv-00359-LMB

Document 24

Filed 10/02/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AMY B. BURKHOLDER, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-359C (Judge Baskir) (ADR Judge Horn)

DEFENDANT'S UNOPPOSED MOTION TO STAY THE CASE Defendant respectfully requests that the Court stay further proceedings in this action for 90 days, to and including January 2, 2008, in order to allow the parties to proceed with settlement discussions. On October 1, 2007, defendant's counsel discussed this request with plaintiff's counsel, who indicated plaintiff does not oppose this motion. Defendant believes it would be in the interest of the parties and of judicial economy to stay this case so that the parties may focus on settlement negotiations. The parties hope to resolve this dispute without the assistance of the Court within 90 days, to and including January 2, 2008. Moreover, defendant proposes that the parties file a joint status report every 45 days to inform the Court of the status of settlement discussions. In the event that this case is not resolved by settlement by January 2, 2008, defendant will file a motion for summary judgment on or

Case 1:06-cv-00359-LMB

Document 24

Filed 10/02/2007

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before February 5, 2008. For these reasons, defendant respectfully requests that the Court grant this unopposed motion to stay this case for 90 days, to and including January 2, 2008. Respectfully Submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ KIRK MANHARDT KIRK MANHARDT Assistant Director /s/ MEREDYTH D. COHEN MEREDYTH D. COHEN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 353-7978 Fax: (202) 514-8624 October 2, 2007 Attorneys for Defendant

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Case 1:06-cv-00359-LMB

Document 24

Filed 10/02/2007

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CERTIFICATE OF SERVICE I certify under that on this 2nd day of October, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION TO STAY THE CASE" was filed electronically. In understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/ MEREDYTH D. COHEN