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

Case 1:98-cv-00815-CFL

Document 161

Filed 09/11/2006

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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 STAY OF REMAINING PRE-TRIAL DEADLINES 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 stay all remaining pre-trial deadlines for 14 days, through and including September 25, 2006, to provide the parties time to finalize a potential settlement and, if appropriate, potential joint stipulation of dismissal with prejudice. The currently remaining pre-trial deadlines that the

parties are requesting be stayed are as follows: (1) the Government's responsive memorandum, currently due on September 11, 2006; (2) the Government's September 15, 2006 deadline to redepose plaintiffs' expert, Paul Hyde; and (3) plaintiffs' September 15, 2006 deadline to re-depose the Government's expert, Charles Wilkins. for this purpose. This is the parties' first request for a stay

Case 1:98-cv-00815-CFL

Document 161

Filed 09/11/2006

Page 2 of 4

On September 11, 2006, plaintiffs provided the Government with a formal 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 stay of all remaining

pre-trial 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. The parties will

file a joint status report with the Court by September 22, 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 stay all remaining pretrial deadlines for 14 days, through and including September 25, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director

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Case 1:98-cv-00815-CFL

Document 161

Filed 09/11/2006

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/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 11, 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 11, 2006

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Case 1:98-cv-00815-CFL

Document 161

Filed 09/11/2006

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CERTIFICATE OF SERVICE I hereby certify that on September 11, 2006, with the consent of counsel for plaintiffs, a copy of the foregoing "JOINT MOTION FOR A STAY OF REMAINING PRE-TRIAL DEADLINES" 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. the Court's system. Parties may access this filing through

/s/ Michael S. Dufault