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

Case 1:06-cv-00224-MCW

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Filed 04/04/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 06-224 T (Judge Mary Ellen Coster Williams)

JOHN HERDA and MARGARET HERDA et. al. Plaintiffs, v. THE UNITED STATES Defendant.

JOINT MOTION TO SUSPEND DISCOVERY AND FOR SUMMARY JUDGMENT BRIEFING SCHEDULE ______________ The parties, through their attorneys, respectfully request the Court to suspend discovery, and to order the schedule proposed below for summary judgment motions. Pursuant to the Court's Order [Doc. #12], all discovery in this case is scheduled to close on April 30, 2007. The parties have made initial disclosures, and plaintiffs have responded to defendant's first request for production of documents. Plaintiffs believe they are ready to file a motion for summary judgment. Defendant believes that it is ready to respond to such a motion and file a cross motion for summary judgment. Accordingly, at this juncture, both parties desire to preserve the resources attendant to further discovery, including defendant's deposing of plaintiffs (the parties note that two named plaintiffs, John Herda and Margaret Herda, passed away after the commencement of the present suit), and instead to pursue summary judgment briefing. The parties request, however, that -1-

Case 1:06-cv-00224-MCW

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Filed 04/04/2007

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discovery merely be stayed, and be reopened 1) to the extent either party demonstrates further discovery is necessary to respond to a summary judgment motion; or 2) to prepare for trial, in the event summary judgment briefing does not dispose of this case. Accordingly, the parties request that discovery be stayed and that the Court adopt the following schedule: 1. 2. On or before June 1, 2007, plaintiffs shall file its motion for summary judgment. On or before July 6, 2007, defendant shall file its cross-motion for summary judgment and its response to plaintiffs' motion for summary judgment. 3. On or before August 3, 2007, plaintiff shall file its reply in support of its motion for summary judgment and its response to defendant's cross-motion for summary judgment. 4. On or before August 24, 2007, defendant shall file its reply in support of its crossmotion for summary judgment. The proposed schedule begins June 1, 2007, to accommodate plaintiffs' firm's April schedule, which includes 1) telephonic oral argument in Fenton Gingerich et. al. v. United States, Fed. Cl. 98-533 T (and consolidated cases) on April 9, 2007; 2) moot Court at Georgetown University Law Center on April 18, 2007, in preparation for oral argument before the United States Supreme Court in Hinck v. United States, No. 06-376 on April 23, 2007; and 3) on May 1, 2007, oral argument in Robert J. Isler and Susan L. Isler v. United States, Fed. Cl. No. 01-344 T, Jeffrey T. Scuteri v. United States, Fed. Cl. No. 01-358 T, and Ronald C. Prati and Mary G. Prati v. United States, Fed. Cl. No. 02-60 T.

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Case 1:06-cv-00224-MCW

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Respectfully submitted, 4/04/2007 Date s/Thomas E. Redding by s/Bart D. Jeffress Thomas E. Redding Redding & Associates, P.C. 2914 West T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (fax) Attorneys for Plaintiffs 4/04/2007 Date s/Bart D. Jeffress Bart D. Jeffress Attorney of Record U.S. Department of Justice, Tax Div. Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section 4/04/2007 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant