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

Case 1:06-cv-00115-SGB

Document 52

Filed 01/09/2007

Page 1 of 1

Susan Rose, Utah Bar. No. 7985 ATTORNEY FOR THE PLAINTIFFS 9553 South Indian Ridge Drive Sandy, Utah 84092 Phone/fax (801) 545-0441 UNITED STATES COURT OF FEDERAL CLAIMS Danny C. Simons and Sally J. Simons Plaintiffs, vs. UNITED STATES OF AMERICA, Defendant. Case No. 06-115 Judge Susan Braden

PLAINTIFFS' MOTION TO STAY PROCEEDINGS _____________________________________________________________________ NOW COME THE PLAINTIFFS, by and through undersigned counsel, under RCFC Rule 62 and 7 to move this Court to stay judgment and further proceedings pending appeal of this Court's November 30, 2006 order of dismissal of the Plaintiffs' complaint, and the U.S. District Court of Utah, central division's, refusal to vacate its void judgment/order and remand the Plaintiffs' and all claims arising from the government's breach of the 1983 stipulated U.S. Tax Court decision contract to this Court, as based upon the supporting memorandum of fact and law, submitted herewith. So Signed this 8th day of January, 2007 /s/ Susan Rose, Utah Bar. No. 7985 Counsel for the Plaintiffs 9553 S. Indian Ridge Drive Sandy, Utah 84092