Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:05-cv-00468-TCW

Document 31-2

Filed 12/22/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS AMERICAN STATES INSURANCE CO., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-468C (Judge Wheeler)

JOINT STATUS REPORT AND MOTION TO ENLARGE STAY Pursuant to the Court's order dated November 6, 2006, the parties respectfully submit the following joint status report and request that the Court enlarge the stay in this case for an additional 45 days, through and including February 2, 2007, to allow the General Services Administration ("GSA") to process payment of the settlement amount, and for the parties to file a joint stipulation of dismissal. On November 6, 2006, the parties entered into a settlement agreement that would resolve this case without the need for further litigation. Pursuant to the terms of this settlement agreement, the Government agreed to pay a sum certain to American States Insurance Co. ("ASIC"), and the parties agreed to stipulate to the dismissal of this lawsuit within five business days after ASIC receiving payment. The GSA is currently in the process of making payment, but ASIC must comply with certain administrative requirements before payment can be processed. For the foregoing reasons, the parties respectfully request that the Court grant this joint motion to stay proceedings in this case for 45 days, through and including February 2, 2007, for the parties to continue their efforts to resolve this case without the need for further litigation.

Case 1:05-cv-00468-TCW

Document 31-2

Filed 12/22/2006

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Bryant G. Snee BRYANT G. SNEE Assistant Director

s/ Harold McKee HAROLD MCKEE Riordan, Donnelly, Lipinski & McKee, Ltd. 10 North Dearborn Street, 4th Floor Chicago, IL 60602 Tel: (312) 663-9400 Fax: (312) 663-1028 Attorney for Plaintiff

s/ Nancy M. Kim NANCY M. KIM Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-0546 Fax: (202) 514-8640 Attorneys for Defendant

December 22, 2006