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

Case 1:06-cv-00141-LAS

Document 40

Filed 08/01/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SHELL OIL COMPANY, UNION OIL ) COMPANY OF CALIFORNIA, ATLANTIC ) RICHFIELD COMPANY, AND TEXACO, INC., ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 06-141C (Senior Judge Smith)

MOTION TO STAY ORAL ARGUMENT Defendant, the United States, respectfully requests that the Court stay oral argument upon plaintiffs' motion for summary judgment upon damages, currently set for August 21, 2008. On Friday, August 1, 2008, Counsel for plaintiffs stated that he could not provide plaintiffs' position until conferring with his clients. The undersigned attorney for the United States was assigned this case on July, 22, 2008, and has been diligently working to familiarize himself with the facts and issues in this case. However, this matter has been in litigation in various fora since 1991, and possesses an extremely complex and lengthy factual record generated at the United States District Court for the Central District of California. Moreover, in the 10 days since being assigned this case, the undersigned attorney for the United States has been required to devote substantial resources to other matters, including: (1) Watts-Healy Tibbitts a Joint Venture v. United States, Ct. No. 08-261 (motion for injunction pending possible appeal filed July 25, 2008, and other activities); (2) United States v. Optrex Am., Inc., No. 02-00646 (Ct. Int'l Trade) (post-judgment activities); (3) Trustees In Bankruptcy of North American Rubber Thread, Inc. v. United States, Consol. Ct. No. 05-00539 (motion for judgment filed August 1, 2008); (4) United States v. Ringstad, Ct. No. 07-00437 (Ct. Int'l Trade)

Case 1:06-cv-00141-LAS

Document 40

Filed 08/01/2008

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(Gov. response to motion to dismiss filed on July 28, 2008, and Government discovery responses served July 29, 2008); and (5) United Stated v. Canada, London Ct. Int'l Arb. nos. 7491 and 80101 (various activities in expedited international arbitrations). The undersigned attorney will be on previously scheduled annual leave between August 4, 2008, and August 18, 2008, and will be inaccessible during that time. Likewise, Jeanne E. Davidson, the reviewer for this case will also be on annual leave beginning August 15, 2008, and will not return to the office until August 25, 2008. Rescheduling oral argument will therefore allow the undersigned attorney to fully prepare for oral argument. For these reasons, we respectfully request that the Court grant this motion and reschedule oral argument. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General /s/ JEANNE E. DAVIDSON Director /s/ STEPHEN C. TOSINI Trial Attorney Department of Justice Civil Division Commercial Litigation Branch Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel. (202) 616-5196 Fax. (202) 514-7969 Attorneys for Defendant

August 1, 2008

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Case 1:06-cv-00141-LAS

Document 40

Filed 08/01/2008

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CERTIFICATE OF FILING I hereby certify that on the 1st day of August, 2008, a copy of the foregoing "MOTION TO STAY ORAL ARGUMENT" 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. Parties may access this filing through the Court's system.

s/Stephen C. Tosini