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

Case 1:04-cv-00790-LSM

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Filed 09/07/2004

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

No. 04-790C (Judge Sypolt)

DEFENDANT'S UNOPPOSED MOTION FOR STAY OF PROCEEDINGS Defendant respectfully requests that the Court stay further proceedings in this action in order to allow the parties to continue settlement discussions. On September 7, 2004,

defendant's counsel discussed this request with plaintiff's counsel, who indicated that plaintiff will not oppose the Government's motion. Defendant believes it would be in the interest of the parties and of judicial economy to stay this case so that the parties can continue settlement discussions. Although we expect

that discussions will be completed sooner, in the event that they are not, we propose that the parties file a status report with the Court within 45 days of the requested stay order, informing the Court of the status of our discussions and recommending further action. For this reason, we respectfully request that this Court

Case 1:04-cv-00790-LSM

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Filed 09/07/2004

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grant our motion to stay this case until settlement discussions have concluded. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

S/ ROBERT E. KIRSCHMAN, JR. ROBERT E. KIRSCHMAN, JR. Assistant Director

Of Counsel: MOGBEYI E. OMATETE General Attorney Department of Health and Human Services 330 Independence Ave., S.W. Room 4760 Washington, DC 20201 Tel. (202) 619-0179 Fax. (202) 619-2922

S/ KELLY B. BLANK KELLY B. BLANK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 307-1011 Fax. (202) 514-8624 Attorneys for Defendant

September 7, 2004

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Case 1:04-cv-00790-LSM

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CERTIFICATE OF FILING I hereby certify that on September 7, 2004, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR STAY OF 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. the Court's system. /s/ KELLY B. BLANK Parties may access this filing through