Free Order Lifting Stay - District Court of Federal Claims - federal


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Date: March 17, 2008
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Case 1:06-cv-00167-TCW

Document 43

Filed 03/17/2008

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In the United States Court of Federal Claims
Case No. 06-167L (Filed: March 17, 2008) ************************** OTAY MESA PROPERTY, L.P., et al., Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant. ************************** * * * * * * * * *

ORDER This case has been stayed by order of the Court since October 23, 2007. The parties agreed to delay briefing pending the outcome of a petition for certiorari to the United States Supreme Court by the plaintiff in John R. Sand & Gravel Company v. United States, 457 F.3d 1345 (Fed. Cir. 2006). The Supreme Court decided the case on January 8, 2008, and held that the special six-year statute of limitations governing the Court of Federal Claims is jurisdictional. John R. Sand & Gravel Co. v. United States, 128 S. Ct. 750, 752 (2008). The October 23, 2007 Stay is hereby LIFTED. The parties shall file a Joint Status Report no later than April 17, 2008, indicating how they wish to proceed with this matter. If appropriate, the Joint Status Report should set forth a briefing schedule for any dispositive motions that are to be filed. IT IS SO ORDERED. s/ Lawrence M. Baskir LAW RENCE M. BASKIR Judge