Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:05-cv-01185-MCW

Document 21-2

Filed 11/17/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS GARY NOLAN, et. al, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1185C (Judge Williams)

JOINT STATUS REPORT AND MOTION TO ENLARGE STAY Pursuant to the Court's order dated September 14, 2006, the parties respectfully submit the following joint status report and request that the Court enlarge the stay in this case for an additional 45 days, through and including January 2, 2007, to afford the agency, the Department of Homeland Security, time to provide a written recommendation accepting plaintiff's settlement offer and, if appropriate, to obtain approval from the authorized representative of the Attorney General to accept plaintiff's settlement offer. On November 10, 2006, plaintiffs sent the Government a revised offer to settle this case. The Government requested the agency to provide a written recommendation regarding plaintiff's settlement offer. The undersigned counsel of record for defendant has not yet received the agency's written recommendation, which is necessary before seeking approval to accept a settlement offer by the authorized representative of the Attorney General. Additional time is therefore needed to obtain the agency's written recommendation accepting plaintiff's settlement offer and, if appropriate, to obtain approval from the authorized representative of the Attorney General to accept plaintiff's settlement offer. The parties, therefore, request that the Court continue to stay proceedings in this case. The counsel for the parties propose to submit another joint status report on or before January 2,

Case 1:05-cv-01185-MCW

Document 21-2

Filed 11/17/2006

Page 2 of 2

2007, if the case is not settled by that time, setting forth the progress the parties have made in resolving this matter. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Todd M. Hughes TODD M. HUGHES Assistant Director

s/ Gregory K. McGillivary GREGORY K. MCGILLIVARY DAVID RICKSECKER Woodley & McGillivary 1125 15th Street, N.W., Suite 400 Washington, D.C. 20005 Tel: (202) 833-8855 Fax: (202) 452-1090 Attorneys for Plaintiffs

s/ Nancy M. Kim NANCY M. KIM 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) 353-0546 Fax: (202) 514-8640 Attorneys for Defendant

November 17, 2006