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

Case 1:05-cv-14210-NBF

Document 79

Filed 10/05/2007

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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 SUMMARY JUDGMENT BRIEFING Plaintiffs and Defendant jointly request that the Court stay the summary judgment briefing schedule in this matter. Currently, Plaintiffs' summary judgment brief is due on October 12, 2007 (Doc. #77). Plaintiffs have submitted an offer to settle their claims. Counsel for the Government has reviewed the offer and is preparing a recommendation to those within the United States Department of Justice who possess authority to accept or reject the plaintiffs' offer. Accordingly, the Parties request that the Court stay the summary judgment deadline pending determination of whether the Government will accept or reject the plaintiffs' settlement offer.

Case 1:05-cv-14210-NBF

Document 79

Filed 10/05/2007

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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

October 5, 2007

Attorneys for Defendant

2

Case 1:05-cv-14210-NBF

Document 79

Filed 10/05/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 5th day of October 2007, a copy of the foregoing "JOINT MOTION TO STAY SUMMARY JUDGMENT BRIEFING" 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