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

Case 1:05-cv-00299-EJD

Document 28

Filed 01/31/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________ No. 05-299 T (Chief Judge Edward J. Damich) (Consolidated with: No. 05-300 T, No. 05-301 T, No. 05-302 T, No. 05-303 T) INSTASHRED SECURITY SERVICES, LLC, by and through ISS ACQUISITIONS, LLC, a Partner Other Than the Tax Matters Partner, Plaintiff, v.

THE UNITED STATES, Defendant. ______________ JOINT MOTION TO SUSPEND BRIEFING ON DEFENDANT'S MOTION TO DISMISS ______________

COME NOW, the lead plaintiff in these consolidated cases, ISS Acquisitions, LLC, and the defendant, the United States, and hereby move the Court to suspend briefing on the United States Motion to Dismiss [Doc. #24] for the reasons set forth below. On October 24, 2005, the Court stayed these five consolidated cases with the exception of briefing on the question of subject matter jurisdiction. On December 19, 2005, the United States filed a motion to dismiss, asking the Court to dismiss all five consolidated petitions for failure of the filing partners in each to satisfy the jurisdictional

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Case 1:05-cv-00299-EJD

Document 28

Filed 01/31/2006

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deposit requirement of 26 U.S.C. § 6226(e). Petitioners filed their response on January 19, 2006. The United States reply brief is currently due by February 6, 2006. On January 23, 2006, petitioners proposed a settlement offer to the United States. However, settlement negotiations will require substantial effort and, if the negotiations result in an offer that defendant's trial attorneys consider meritorious, many months for the government to complete consideration of the offer. The parties desire at this time to invest their energies into the possibility of settling these five consolidated cases rather than on further briefing of the United States Motion to Dismiss [Doc. #24].

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Case 1:05-cv-00299-EJD

Document 28

Filed 01/31/2006

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WHEREFORE, the parties request the Court suspend the current briefing schedule on the United States Motion to Dismiss [Doc. #24]. The parties further propose to update the Court on the status of settlement negotiations in the Joint Status Report due, pursuant to the Court's Order [Doc. #22], on or before June 1, 2006.

Respectfully submitted, 1/31/2006 Date s/Morgan R. Evans MORGAN R. EVANS Goddard LLP 18500 von Karman Ave., Suite 400 Irvine, California 92612 (949) 253-0500 Counsel for Plaintiff 1/31/2006 Date s/ Robert J. Higgins ROBERT J. HIGGINS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6580 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section

1/31/2006 Date

s/David Gustafson Of Counsel Attorneys for Defendant

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