Free Order on Motion for Extension of Time to File - District Court of Federal Claims - federal

Case 1:05-cv-00410-MMS

Document 31

Filed 12/18/2006

Page 1 of 2

In the United States Court of Federal Claims
No. 05-410C (Filed: December 18, 2006) ***************************************** MARIO R. LOPEZ-VELAZQUEZ, Plaintiff, v. THE UNITED STATES, Defendant. ****************************************** ORDER Pursuant to the Court's Order dated October 11, 2006, the parties were to file a joint status report ("JSR") on or before December 11, 2006, regarding the status of proceedings before the AFBCMR. On December 11, 2006, Defendant filed a Motion for Enlargement of Time to December 14, 2006, in which to file the parties' JSR. The parties' JSR, requesting that the Court continue to stay this case through February 9, 2007, was actually filed on December 12, 2006, one day after it was due. The parties informed the Court in the JSR that the Judge Advocate General will permit the release of the ethics report of Plaintiff's previous counsel to his current counsel. It is expected that the report will be released to Plaintiff's counsel by December 18, 2006, after any necessary redactions are made. Additionally, the AFBCMR intends to allow Plaintiff to comment upon the ethics report before rendering its decision, which it expects will be made within 30 days of the receipt of Plaintiff's comments. In light of the above, the Court hereby GRANTS Defendant's Motion to Enlarge. As requested, the stay in this case shall continue indefinitely, to allow the AFBCMR to render its decision. Plaintiff is hereby ORDERED to submit his comments on the ethics report to the AFBCMR within 30 days of its receipt. A JSR shall be filed on or before January 5, 2007, in which the parties shall inform the Court, inter alia, of the date on which the Plaintiff received the ethics report, the date on which the AFBCMR received (or will receive) Plaintiff's comments regarding the report, and the status of the AFBCMR's review. The parties shall also file a JSR within 30 days of any decision of the AFBCMR, advising the Court of the status of its review of Plaintiff's claim there and of how the parties propose to proceed here. * * * * * * * * * * *

Case 1:05-cv-00410-MMS

Document 31

Filed 12/18/2006

Page 2 of 2

s/ Edward J. Damich EDWARD J. DAMICH Chief Judge