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

Case 1:98-cv-00815-CFL

Document 163

Filed 09/22/2006

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ATWOOD-LEISMAN, an Idaho general partnership, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

98-815C (Judge Lettow)

JOINT MOTION FOR A SUSPENSION OF PROCEEDINGS Pursuant to Rules 1, 6.1, and 7(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, and plaintiffs, Atwood-Leisman, et al., respectfully request that the Court suspend proceedings in this case for an additional 30 days, through and including October 25, 2006, to provide the parties time to finalize a potential settlement and, if appropriate, potential joint stipulation of dismissal with prejudice. Previously, this Court suspended all pre-trial The parties

deadlines through and including September 25, 2006.

request that the Court hold a joint status conference at 2 P.M. EST on October 25, 2006, to discuss the scheduling of an alternate trial date should the parties be unable to effectuate settlement. On September 11, 2006, plaintiffs provided the Government with a formal offer of settlement. On September 20, 2006, the

United States Department of Agriculture provided the Department of Justice with a letter regarding its position upon plaintiffs'

Case 1:98-cv-00815-CFL

Document 163

Filed 09/22/2006

Page 2 of 4

offer of settlement.

The parties are now in the process of

negotiating the terms of a potential settlement agreement, which would obviate the need for further proceedings before this Court and would result in the dismissal of this action with prejudice. The undersigned Government counsel is also concurrently seeking the necessary settlement authority to accept plaintiff's offer of settlement. A suspension of all remaining deadlines

would allow time for a potential settlement agreement to be finalized, and for both parties to execute a joint stipulation of dismissal with prejudice. If a potential settlement is not

finalized, the parties will file a joint status report with the Court by October 25, 2006, to apprise the Court of report on the status of the potential settlement. For the foregoing reasons, the parties respectfully request that the Court grant this joint motion to suspend proceedings in this case for 30 days, through and including October 25, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director

2

Case 1:98-cv-00815-CFL

Document 163

Filed 09/22/2006

Page 3 of 4

/s/ Michael S. Dufault MICHAEL S. DUFAULT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., NW, 8th Floor Washington, D.C. 20530 Phone: (202) 353-7961 Facsimile: (202) 353-7988 Attorneys for Defendant

September 22, 2006

/s/ Clayton Gill, Esq. CLAYTON GILL, Esq. Moffatt, Thomas, Barrett, Rock and Fields, Chartered 101 S. Capitol Blvd., 10th Floor Post Office Box 829 Boise, Idaho 83701 Attorney for Plaintiffs September 22, 2006

3

Case 1:98-cv-00815-CFL

Document 163

Filed 09/22/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on September 22, 2006, with the consent of counsel for plaintiffs, a copy of the foregoing "JOINT MOTION FOR A SUSPENSION OF PROCEEDINGS" was filed electronically. I understand that notice of this 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/ Michael S. Dufault