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

Case 1:05-cv-00999-MMS

Document 10

Filed 01/13/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Judge Margaret M. Sweeney) ________________________ No. 05-999 T EPSOLON LIMITED, by and through SLIGO (2000) COMPANY, INC., Tax Matters Partner, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. __________________________________ DEFENDANT'S MOTION TO SUSPEND PROCEEDINGS __________________________________

Defendant, the United States, respectfully moves this Court to suspend all proceedings in this case until resolution of a criminal case currently pending in the United States District Court for the Southern District of New York, because the transactions at issue in this case are encompassed by and are part of the indictment in the criminal case. To permit the civil case to go forward with discovery and /or trial prior to the conclusion of the criminal trial would prejudice the criminal trial, and would prejudice the ability of the United States to fairly develop their defense in the civil case pending before this Court. In support of this motion, the United States relies upon the accompanying brief, the complaint in this case, and the Declaration of David R. House with attached exhibits. WHEREFORE, defendant respectfully requests that the Court grant this motion and -1-

Case 1:05-cv-00999-MMS

Document 10

Filed 01/13/2006

Page 2 of 2

suspend all proceedings in this case until resolution of the criminal case and the ongoing criminal investigation. Respectfully submitted, January 13, 2006 Date s/ David R. House DAVID R. HOUSE 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) 616-3366 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section Of Counsel Attorneys for Defendant

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