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

Case 1:04-cv-00482-EGB

Document 9

Filed 10/07/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BARRETT REFINING CORPORATION, ) ) Plaintiff, ) ) v. ) ) ) THE UNITED STATES, ) ) Defendant. )

No. 04-482C (Judge Bruggink)

DEFENDANT'S MOTION TO STAY Pursuant to the Court's order of September 16, 2005, defendant, on behalf of the parties, respectfully submits this status report, and requests the Court to stay the proceedings in this case, until the period for the filing of a petition for certiorari has expired, in Tesoro Hawaii Corporation et al. v. United States, No. 04-5064 (Fed. Cir.). Plaintiff's counsel has read and concurs with this report and motion. On April 26, 2005, the United States Court of Appeals for the Federal Circuit issued its decision in Tesoro. A petition for rehearing was filed and subsequently denied on August 22, 2005. 2005 U.S. App. LEXIS 19620 (Fed. Cir. Aug. 22, 2005). The court's mandate issued on August 29, 2005. In its order of September 16, 2005, this Court ordered the parties to report concerning how they proposed to proceed. Because the period for filing a certiorari petition has not lapsed, and further proceedings in that case are possible, the parties respectfully request the Court to stay the proceedings in this case. The parties also respectfully propose to file a status report proposing further proceedings in this case, within 14 days after the conclusion of any proceedings concerning a certiorari petition or, if no petition is filed, within 14 days after the time to file a petition such a petition has expired.

Case 1:04-cv-00482-EGB

Document 9

Filed 10/07/2005

Page 2 of 3

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

s/ David M. Cohen DAVID M. COHEN Director

s/ Steven J. Gillingham Senior Trial Counsel KYLE CHADWICK, Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Telephone: (202) 616-2311 Facsimile: (202) 353-7988 Attorneys for Defendant October 7, 2005

-2-

Case 1:04-cv-00482-EGB

Document 9

Filed 10/07/2005

Page 3 of 3

CERTIFICATE OF FILING I certify that, on this 7th day of October, 2005, a copy of the foregoing, "Defendant's Motion to Stay," 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 J. Gillingham

-3-