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

Case 1:05-cv-01041-TCW

Document 21

Filed 06/12/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PARKER HANNIFIN CORPORATION, ) ) Plaintiff, ) v. ) No. 05-1041 T ) The Honorable Thomas C. Wheeler THE UNITED STATES, ) ) Defendant. )

JOINT MOTION FOR SUSPENSION OF PROCEEDINGS

The parties hereby jointly 1/ move for an indefinite suspension of proceedings, with joint status reports to be filed on September 1, 2006, and every 90 days thereafter setting forth the progress made by the parties to resolve this case. This is the first suspension requested. The Complaint raises legal questions which counsel for the parties believe to be substantially similar to those decided by this court in FleetBoston Financial Corp. v. United States, 68 Fed. Cl. 177 (2005), appeal docketed. In that case, plaintiff-appellant filed its first brief before the Federal Circuit on April 14, 2006, and the Government's brief is presently due to be filed June 29. Counsel for the parties believe that the Federal Circuit's decision in FleetBoston is likely to control resolution of the instant case or, at the very least, to make an agreed resolution of this case considerably more likely. Accordingly, to avoid the inefficient use While this motion has been executed only by defendant's attorneys, it has been reviewed and approved as a joint submission by plaintiff's attorneys. -11/

Case 1:05-cv-01041-TCW

Document 21

Filed 06/12/2006

Page 2 of 2

of resources that would result if the parties continued to prepare for trial, the parties hereby request that the proceedings in this case be suspended indefinitely, pending the outcome of FleetBoston. The parties suggest that they file Joint Status Reports on September 1, 2006, and every 90 days thereafter setting out the status of FleetBoston. The parties suggest further that if at any time either concludes that the case cannot be resolved by agreement, that party may file a motion to lift the suspension of proceedings, and defendant's answer shall be due 45 days after the suspension is lifted. WHEREFORE, the parties pray their motion be granted. Respectfully submitted,

s/ W. C. Rapp W. C. RAPP 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 Voice: (202) 307-0503 Fax: (202) 514-9440 Email: [email protected]

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

April 26, 2006

s/ David Gustafson Of Counsel -2-