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

Case 1:05-cv-00563-LMB

Document 61

Filed 10/31/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS COLLINS NATIONAL, a limited partnership, and COLLINS DEVELOPMENT CO., a California corporation as General Partner, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 05-563C (Judge Baskir)

JOINT MOTION FOR STAY OF PROCEEDINGS Pursuant to the October 18, 2007 Order of ADR Judge Christine Miller, the parties hereby respectfully request a continued stay of proceedings in this matter, up to and including January 4, 2008, for the purposes of potential settlement. On October 15 and 16, the parties engaged in ADR in an effort to resolve this matter. As a result of these efforts, Government counsel agreed to recommend that plaintiff's settlement offer be accepted. The necessary steps to seek such authorization and, if such authorization is obtained, to complete the terms of any approved settlement, is expected to take up to two months. In the event that a settlement is not approved or executed, we will promptly notify the Court. Accordingly, staying this litigation to give the parties the opportunity to attempt to resolve this matter without further briefing and trial will conserve the parties' and this Court's resources and, pursuant to Rule 1(a)(2) of the Rules of the United States Court of Federal Claims, promote the "just, speedy, and inexpensive determination" of this action. For the foregoing reasons, defendant respectfully requests that the Court grant our motion for a stay up to and including January 4, 2008, for the purpose of continuing settlement efforts.

Case 1:05-cv-00563-LMB

Document 61

Filed 10/31/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Acting Director s/ Bryant G. Snee BRYANT G. SNEE Deputy Director

s/ Richard S. Bayer RICHARD S. BAYER, ESQ. Law Office of Richard S. Bayer 1150 Silverado Street La Jolla, CA 92037 Tel: (858) 454-1005 Fax: (858) 454-1021 Attorney for Plaintiffs

s/ A. Bondurant Eley A. BONDURANT ELEY Trial Attorney Commercial Litigation Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 616-8254 Fax: (202) 514-8624 Attorneys for Defendant

October 31, 2007

Case 1:05-cv-00563-LMB

Document 61

Filed 10/31/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on October 31, 2007, a copy of the foregoing "JOINT MOTION TO STAY PENDING COMPLETION OF SETTLEMENT" 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/ A. Bondurant Eley