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

Case 1:06-cv-00222-NBF

Document 10

Filed 09/01/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 06-222 T Judge Nancy B. Firestone

LLOYD W. BAILEY et. al., Plaintiffs, v. THE UNITED STATES, Defendant.

JOINT MOTION TO DESIGNATE REPRESENTATIVE PLAINTIFFS AND STAY OTHER PROCEEDINGS

The parties jointly request the Court to designate Steven J. Koehler and Janis Z. Koehler as representative plaintiffs and to stay proceedings on the other plaintiffs' claims until resolution of the Koehlers' claims. Plaintiffs, including the Koehlers, are eleven sets of taxpayers who allege virtually identical legal claims based on substantially similar fact patterns. Accordingly, for efficient handling of plaintiffs' claims and to preserve the Court's and the parties' resources, the parties request that the Court first adjudicate the claims of the Koehlers, and, then, within 30 days after those claims are resolved, the parties shall file a joint status report discussing the effect of such resolution on the claims of the other plaintiffs and proposing a plan for further proceedings. Under the parties' proposal, the first step in resolving the Koehlers' claims would remain as scheduled. Defendant will answer the Koehlers' allegations (which are set forth in Count 14 -1-

Case 1:06-cv-00222-NBF

Document 10

Filed 09/01/2006

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of plaintiffs' complaint) on or before September 8, 2006. Thereafter, proceedings on the Koehlers' claims would proceed in accord with the Rules of the Court of Federal Claims. Plaintiffs' attorney has consented to defendant's attorney signing and filing this Joint Motion on her behalf. Respectfully submitted, 09/01/2006 Date s/Sallie W. Gladney by s/Bart D. Jeffress SALLIE W. GLADNEY Redding & Associates, P.C. 2914 West T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (fax) Attorneys for Plaintiffs

09/01/2006 Date

s/Bart D. Jeffress BART D. JEFFRESS Attorney of Record U.S. Department of Justice Tax Division 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

09/01/2006 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant -2-