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

Case 1:05-cv-01226-LAS

Document 22

Filed 08/23/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 05-1226 T (Judge Loren A. Smith) SUSAN M. ROHDE, Plaintiff v. THE UNITED STATES, Defendant __________ JOINT MOTION FOR SUSPENSION OF PROCEEDINGS __________

Pursuant to RCFC 7(b), the parties hereby move the Court for an order suspending proceedings in the above-captioned case for 90 days, from August 23, 2007, to and including November 21, 2007. This is the first suspension of proceedings requested for this purpose. In support of this motion, the parties state as follows: Counsel for plaintiff has discussed with defendant's trial attorney a settlement proposal in the instant action. Defendant's trial attorney anticipates that plaintiff's proposal will lead to a settlement offer that she will favorably recommend. The parties anticipate that final negotiations with respect to the settlement of all issues in the instant action will be completed within 90 days. The parties believe that a suspension of proceedings is appropriate and thus request a period of 90 days in which to complete all -1-

Case 1:05-cv-01226-LAS

Document 22

Filed 08/23/2007

Page 2 of 3

settlement negotiations.1 The parties will file a joint status report on or before November 21, 2007, if a stipulation for dismissal has not been filed.

In the event that the case does not settle, defendant will need to complete depositions which were to be rescheduled while the parties engaged in the settlement discussions that give rise to this motion. -2-

1

Case 1:05-cv-01226-LAS

Document 22

Filed 08/23/2007

Page 3 of 3

WHEREFORE, the parties request that their joint motion for suspension of proceedings be granted. Respectfully submitted,

8/22/07 Date

s/John P. James JOHN P. JAMES, ESQUIRE 2000 IDS Center 80 South 8th Street Minneapolis, MN 55402 (612) 339-8131 Attorney for Plaintiff

8/22/07 Date

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-0840 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief

8/22/07 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant

-3-