Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:05-cv-01232-LJB

Document 25-2

Filed 09/05/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DONALD J. BASNIGHT ET AL., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1232c Judge Bush

DEFENDANT'S UNOPPOSED MOTION FOR A STAY OF PROCEEDINGS Defendant respectfully requests that the Court stay proceedings in this case for 46 days, to and including October 10, 2006, in order to allow the parties an opportunity to attempt to resolve this case through a negotiated settlement. our first request for a stay of proceedings. This is

Plaintiffs' counsel

has authorized us to state that she has no objection to this motion. As the Court is aware, the parties have been engaged in settlement negotiations in an attempt to resolve this case without the need for judicial intervention. Great progress has

been made with respect to obtaining the records necessary to negotiating a settlement; however, some records relating to some plaintiffs remain outstanding. The parties plan to utilize the period of time requested in this motion for a stay of proceedings to obtain the remaining records and to attempt to negotiate a settlement acceptable to both parties including those officials at the Department of

Case 1:05-cv-01232-LJB

Document 25-2

Filed 09/05/2006

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Justice authorized to approve a settlement in this case. Accordingly, we respectfully request that the Court grant this motion and stay proceedings in this case for 46 days, to and including October 10, 2006. By or before that date, we will file

either a status report with the Court indicating our progress or another motion requesting an extension of the stay together with an explanation of our progress. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director PATRICIA M. McCARTHY Assistant Director s/Hillary A. Stern HILLARY A. STERN Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7561 Facsimile: (202) 305-7643 August 23, 2006 Attorneys for Defendant

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Case 1:05-cv-01232-LJB

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Filed 09/05/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of August 2006, I caused to be served by United States mail (first class, postage prepaid) copies of "DEFENDANT'S UNOPPOSED MOTION FOR AN STAY OF PROCEEDINGS" addressed as follows:

Molly Elkin Woodley & McGillivary 1125 15th Street, N.W. Suite 400 Washington, D.C. 20005 _______________________________