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

Case 1:05-cv-00462-LMB

Document 34

Filed 11/30/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DICK PACIFIC/GHEMM, JV, on behalf of W.A. Botting Company, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

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No. 05-462C (Judge Baskir)

JOINT MOTION TO STAY PROCEEDINGS The United States and Dick Pacific/GHEMM, JV respectfully and jointly request that the Court stay the present proceedings in this case for 45 days, to and including January 14, 2007. Presently, Defendant's reply brief to defendant's cross motion for summary judgment is due on November 30, 2006, and the parties consolidated statement of uncontroverted fact is due on December 7, 2006. The parties have made substantial progress in settlement negotiations, and believe that this matter may be resolved without further Court involvement. The parties believe that it is in the interest of the parties and of judicial economy to stay this case so that the parties can focus on obtaining the necessary approval for final settlement, and preparing the text of a settlement agreement. The

Case 1:05-cv-00462-LMB

Document 34

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parties hope to resolve this dispute without the assistance of the Court within 45 days, to and including January 14, 2007. Moreover, parties proposes that they file a joint status report within 30 days to inform the Court of the status of settlement.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director /s/ Robert Crick ROBERT CRICK Winston & Cashatt, Lawyers 601 West Riverside Avenue 1900 Seafirst Financial Center Spokane, WA 99201-0695 /s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 [email protected] Attorneys for Defendant November 28, 2006
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Attorneys for Plaintiff November 30, 2006

Case 1:05-cv-00462-LMB

Document 34

Filed 11/30/2006

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CERTIFICATE OF FILING I hereby certify that on this 30th day of November, 2006, a copy of the foregoing "Joint Motion to Stay Proceedings" 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/ Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice