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

Case 1:05-cv-01185-MCW

Document 14

Filed 05/25/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS GARY NOLAN and RICARDO SERRANO, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1185C (Judge Williams)

DEFENDANT'S UNOPPOSED MOTION FOR A STAY OF PROCEEDINGS Defendant respectfully requests the Court to stay proceedings in this matter so that the parties may explore the possibility of settlement. On November 9, 2005, plaintiffs, Gary Nolan and Ricardo Serrano filed a claim seeking overtime pursuant to the Fair Labor Standards Act ("FLSA"). Plaintiffs allege that their position as Physical Security Specialists are not exempt from the overtime requirements of the FLSA. Based upon preliminary discussions, the parties believe that this matter may be appropriate for settlement. Accordingly, staying this litigation to give the parties an opportunity to explore the possibility of resolving this matter without further briefing and formal discovery will conserve the parties' and this Court's resources, and pursuant to Rule 1(a)(2) of the Rules of the United States Court of Federal Claims, promote the "just, speedy, and inexpensive determination" of this action. Government counsel has conferred with plaintiffs' counsel and is authorized to state that plaintiffs do not oppose this motion. For the foregoing reasons, defendant respectfully requests that the Court grant its unopposed motion for a stay of proceedings. We suggest that the parties file a joint status report by July 10, 2006, setting forth the progress the parties have made in resolving this matter.

Case 1:05-cv-01185-MCW

Document 14

Filed 05/25/2006

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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

s/ Nancy M. Kim NANCY M. KIM Trial Attorney Commercial Litigation Branch Civil Division 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 May 25, 2006 Attorneys for Defendant