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

Case 1:04-cv-00830-LJB

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Filed 02/16/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CARPENTER CONTRACTING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 04-830C (Judge Bush)

JOINT MOTION TO STAY PROCEEDINGS Defendant, the United States, and plaintiff, Carpenter Contracting, Inc., respectfully request that the Court stay proceedings in this case to allow the parties time to attempt resolution of this case without further involvement of the Court.1 This is the parties first request to stay proceedings.

In the event a stay of proceedings is granted, and the parties have not resolved this matter within 60 days of the granting of the motion to stay proceedings, the parties respectfully request permission to file a joint status report with the Court every 45 days, until resolution of the case or until the stay of proceedings is lifted.

By order dated January 23, 2006, the Court instructed the parties to file a joint status report addressing possible settlement and suggesting dates for filings in accordance with RCFC Appendix A. Because the parties currently are pursuing possible resolution of this matter, we respectfully submit this joint motion to stay proceedings in lieu of filing a joint status report. In the event the parties are unable to resolve this matter, or in the event our motion to stay is not granted, we will, of course, file a joint status report setting forth the information requested by the Court.

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Case 1:04-cv-00830-LJB

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The parties currently are pursuing possible settlement of this action. Undersigned counsel for defendant recently was

assigned responsibility for handling this case following departure from the Department of Justice of the previous counsel of record. The parties have conducted preliminary discussions The parties

aimed at possible settlement of this matter.

anticipate they will conduct a settlement conference once counsel for defendant has had the opportunity to complete his review of the litigation file and meet with agency witnesses. Additional

time is necessary for counsel for defendant to complete that process. Assuming that the parties are able to reach an agreement upon settlement of this matter, additional time will be necessary to prepare a settlement agreement or stipulation for entry of judgment for filing with the Court. For these reasons, the parties respectfully request that the Court grant their joint motion to stay proceedings.

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ James M. Kinsella JAMES M. KINSELLA Assistant Director OF COUNSEL: DAVID KOMAN Department of the Navy s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tele: (202) 307-0163 Fax: (202) 514-8624 Attorneys for Defendant

February 16, 2006

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s/ James W. Copeland JAMES W. COPELAND Smith, Currie & Hancock LLP Suite 2600 Harris Tower Peach Tree Center 233 Peachtree St., NE Atlanta GA 30303-1530 Tele: (404) 521-3800 Fax: (404) 688-0671 Attorneys for Plaintiff February 16, 2006

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CERTIFICATE OF FILING I hereby certify that on February 16th 2006 a copy of 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. system. Parties may access this filing through the Court's

s/ David B. Stinson