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

Case 1:05-cv-00576-FMA

Document 11

Filed 11/30/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-576 T (Judge Allegra) ________________________ PRESTOP HOLDINGS, LLC, JL INVESTMENT TRUST, JOHN M. LARSON, GRANTOR/TRUSTEE, TAX MATTERS PARTNER FILING AS NOTICE PARTNER, Plaintiff, v. THE UNITED STATES, 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 the criminal case against John Larson and Robert Pfaff currently pending in the United States District Court for the Southern District of New and the ongoing criminal investigation, because they involve matters closely related to this case. 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.

-1-

Case 1:05-cv-00576-FMA

Document 11

Filed 11/30/2005

Page 2 of 2

WHEREFORE, defendant respectfully requests that the Court grant this motion and suspend all proceedings in this case until resolution of the criminal case and the ongoing criminal investigation. Respectfully submitted, November 30, 2005 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

-2-