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

Case 1:06-cv-00096-TCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DENNIS W. JORDAN, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 06-96C (Judge Thomas C. Wheeler)

JOINT MOTION TO STAY PROCEEDINGS Pursuant to Rule 1 of the Rules of the United States Court of Federal Claims, the parties respectfully request that the Court stay further proceedings in this matter pending the completion of the parties' settlement efforts. The parties are

in agreement that a stay of this action, pending the completion of our present settlement efforts, may lead to the resolution of this case without need of further judicial proceedings. As the parties informed the Court in our joint motion filed on December 22, 2006, plaintiff's counsel recently contacted the Government and expressed his client's desire to resolve this matter amicably. Since the entry of the Court's December 27,

2006 order, the parties held additional settlement discussions, and we believe that we have made progress in reaching an agreement upon a mechanism, which may facilitate the parties' settlement discussions. On January 22, 2007, the parties agreed

to mutually request the stay of this litigation in order to promote our settlement discussions.

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Although we remain hopeful that this matter may be resolved amicably, we remain in agreement that our discussions have been beneficial and we remain, furthermore, in agreement that additional discussions between counsel may lead to the resolution of this case. Assuming that a settlement offer is ultimately

approved and accepted by the authorized representatives of the Government and the plaintiff, the parties anticipate filing a joint stipulation for the dismissal of this case with prejudice. Accordingly, a stay of further proceedings pending the completion of our settlement efforts is appropriate and in the interests of judicial economy. Should this action not be resolved by March 8, 2007, we recommend that a joint status report be filed with the Court by that date. For the foregoing reasons, we respectfully request

that this matter be stayed to complete the parties' efforts to resolve this matter amicably. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/ Kent G. Huntington KENT G. HUNTINGTON Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel.: (202) 305-7561 Fax: (202) 353-7988 January 24, 2007 Attorneys for Defendant

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January 24, 2007

s/ William Mahaffey H. William Mahaffey Rothgerber Johnson & Lyons LLP 90 S. Cascade, Suite 1100 Colorado Springs, CO80903 Tel.: (719) 386-3000 Fax: (719) 386-3070

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CERTIFICATE OF FILING I hereby certify that on January 24, 2007, a copy of the foregoing "JOINT MOTION TO STAY PROCEEDINGS" was filed electronically. I understand that notice of this 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/ Kent G. Huntington Kent G. Huntington