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

Case 1:06-cv-00101-FMA

Document 17

Filed 04/26/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JAY CASHMAN, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-101C (Judge Allegra)

DEFENDANT'S CONSENT MOTION FOR A STAY Pursuant to RCFC 1, defendant respectfully requests that the Court stay proceedings in this case to provide the parties with the opportunity to engage in settlement discussions. Defendant has consulted with counsel for plaintiff, and counsel for plaintiff has represented that plaintiff consents to this motion. The parties have met upon two occasions to engage in settlement negotiations. To date, the parties have not been able to reach an agreement. Defendant wishes to continue to discuss settlement with plaintiff to determine whether, as a business decision, it is in the Government's best interests to settle this case as opposed to continuing with litigation. Plaintiff also wishes to continue to explore the possibility of settlement. The Court's Order of March 20, 2007 stated that the Court would not grant the parties any further extensions of time to engage in discovery. The parties would like to have the opportunity to continue to explore the possibility of settlement while preserving the remainder of the discovery period in the event that they are unable to reach an agreement. In addition, it would be in the best interests of the parties to devote their resources to working towards reach an agreement at this time as opposed to engaging in additional discovery that may ultimately prove unnecessary for resolution of this matter.

Case 1:06-cv-00101-FMA

Document 17

Filed 04/26/2007

Page 2 of 3

Accordingly, defendant respectfully requests that the Court grant this motion for a stay. Defendant respectfully proposes that the parties provide the Court with a joint status report advising the Court whether the parties wish to continue to pursue settlement negotiations within 30 days of the date that the Court enters an Order staying this case.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Donald E. Kinner DONALD E. KINNER Assistant Director OF COUNSEL: Donald M. Harris Counsel U.S. Army Engineer District New York

s/ Tara Kilfoyle TARA KILFOYLE Trial Attorney Commercial Litigation Branch Civil Division 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-1709 Fax: (202) 307-0972

April 26, 2007

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Case 1:06-cv-00101-FMA

Document 17

Filed 04/26/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on April 26, 2007 a copy of the foregoing "DEFENDANT'S CONSENT MOTION FOR A STAY" 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/ Tara J. Kilfoyle TARA J. KILFOYLE