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

Case 1:05-cv-00881-VJW

Document 17

Filed 05/30/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS COMMERCE FUNDING CORPORATION, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-881C (Judge Wolski)

DEFENDANT'S UNOPPOSED MOTION TO STAY JOINT PRELIMINARY STATUS REPORT FILING PENDING RESOLUTION OF THE DEFENDANT'S MOTION TO DISMISS Pursuant to Rule 7 of the Rules of the Court of Federal Claims ("RCFC"), the defendant, United States, respectfully requests that this Court stay the requirement to file a Joint Preliminary Status Report ("JPSR") in this matter pending resolution of the Government's current motion to dismiss in the above-titled matter. On April 6, 2006, we filed a motion to dismiss, pursuant to RCFC 12(b)(6) the largest part of the plaintiff's complaint for failure to state a claim upon which relief could be granted. The portions of the claim for which we sought dismissal totaled $72,125.61 out of a total complaint amount of $103,995.87. At the same time that the defendant filed its partial motion to dismiss, we filed an answer that incorporated our motion to dismiss. The parties have completed briefing of the motion to dismiss. Because of the filing of an answer, the automatic docketing system of the Court automatically set a May 30 deadline for the parties to file a JPSR in this matter. However, the parties will not be able to agree upon the remaining issues of the case or the likely need for discovery until the pending motion to dismiss is resolved. For this reason, the defendant respectfully requests that this Court stay the requirement to file a JPSR until 49 days after this Court issues a ruling upon the defendant's pending motion to dismiss.

Case 1:05-cv-00881-VJW

Document 17

Filed 05/30/2006

Page 2 of 3

Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Patricia M. McCarthy PATRICIA M. McCARTHY Assistant Director s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 May 30, 2006 Attorneys for Defendant

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Case 1:05-cv-00881-VJW

Document 17

Filed 05/30/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 30th day of May, 2006, a copy of the foregoing DEFENDANT'S UNOPPOSED MOTION TO STAY JOINT PRELIMINARY STATUS REPORT FILING PENDING RESOLUTION OF THE DEFENDANT'S MOTION TO DISMISS was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ James D. Colt