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

Case 1:05-cv-00477-FMA

Document 11

Filed 09/15/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SHINWHA ELECTRONICS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 05-477C ) (Judge Allegra) ) ) )

JOINT MOTION TO STAY The parties respectfully request the Court to stay this case pending finalization of a prospective settlement agreement that is expected to result in the dismissal of this case without any further proceedings. This case involves a Korean contractor

performing a contract in Korea as well as a related and preexisting case, United States ex. rel Paulson v. Shinwha Electronics, Corp., CV 02-00092HG, which originated in the United States District Court for the District of Hawaii and has recently been transferred to the District of Columbia. An "agreement in

principle" has been reached in the district court case which should eventually result in a resolution of this case. The

finalization and implementation of the prospective settlement of the district court case requires certain actions by plaintiff to be accomplished which are dependent upon transactions that are not within the sole control of either party. Although we fully

expect these actions to take place in the not-too-distant future, it is not possible for either party to provide a precise timetable.

Case 1:05-cv-00477-FMA

Document 11

Filed 09/15/2005

Page 2 of 3

For the foregoing reasons, we respectfully request the Court to stay the case indefinitely, with the defendant reporting upon behalf of the parties every 60 days until the case before this Court is dismissed or in the unlikely event that the settlement fails to be finalized and further proceedings before this Court are necessary. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant s/Holly A. Roth HOLLY A. ROTH Manatt, Phelps & Phillips 700 12th Street, NW Suite 1100 Washington, DC 20005 Tel: (202) 585-6552 Fax: (202) 585-6600 Attorney for Plaintiff September 15, 2005 - 2 -

Case 1:05-cv-00477-FMA

Document 11

Filed 09/15/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on September 15, 2005, a copy of foregoing "JOINT MOTION TO STAY" 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/Brian S. Smith

- 3 -