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

Case 1:05-cv-14210-NBF

Document 93

Filed 03/10/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS THOMAS C. PORTA, et al., and ANDREW D. BARTH, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 05-14210C & No. 05-759C CONSOLIDATED (Judge Firestone)

JOINT MOTION TO STAY PROCEEDINGS Plaintiffs and Defendant jointly request that the Court stay proceedings in this matter. Currently, the Defendant's opposition to the Plaintiffs' summary judgment brief and the Defendant's own cross-motion for summary judgment are due on March 10, 2007. Plaintiffs have submitted an offer to settle their claims which has been accepted on behalf of the Attorney General, and the parties have executed a settlement agreement accordingly. Therefore, the Parties respectfully request that the Court stay proceedings in this case until the terms of the settlement agreement are fulfilled. Upon fulfillment of the terms of the settlement agreement, the parties will file a joint stipulation for entry of dismissal with prejudice in this action.

Case 1:05-cv-14210-NBF

Document 93

Filed 03/10/2008

Page 2 of 3

Respectfully submitted,

s/ Michael J.D. Sweeney MICHAEL J.D. SWEENEY Getman Law Office 9 Paradies Lane New Paltz, NY 12561 Tel: (845) 255-9370 Fax: (845) 255-8649

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director s/ Maame A.F. Ewusi-Mensah MAAME A.F. EWUSI-MENSAH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 353-0503 Fax: (202) 514-8624

Attorney for Plaintiffs

March 10, 2008

Attorneys for Defendant

2

Case 1:05-cv-14210-NBF

Document 93

Filed 03/10/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 10th day of March 2008, a copy of the foregoing "JOINT MOTION TO STAY PROCEEDINGS" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Maame A.F. Ewusi-Mensah