Free Motion to Stay - District Court of Colorado - Colorado

Case 1:01-cv-00799-PSF-MEH

Document 121

Filed 02/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-00799-PSF-MEH RITA BASTIEN, Plaintiff, v. THE OFFICE OF SENATOR BEN NIGHTHORSE CAMPBELL, Defendant.

DEFENDANT'S MOTION TO STAY PROCEEDINGS PENDING THE DECISION OF THE SUPREME COURT IN OFFICE OF SENATOR MARK DAYTON v. HANSON Pursuant to Rule 7 of the Federal Rules of Civil Procedure and Rule 7.1 of the Local Civil Rules for the United States District Court for the District of Colorado, Defendant, the Office of Senator Ben Nighthorse Campbell ("the Office" or "Defendant"), hereby moves this Court for an order staying proceedings in this action brought by Plaintiff, Rita Bastien ("Plaintiff"). The motion to stay is made on the ground that the U.S. Supreme Court recently has granted review on the question of whether the Speech or Debate Clause of the U.S. Constitution poses a jurisdictional bar to an employment lawsuit brought under the Congressional Accountability Act of 1995 ("CAA"), 2 U.S.C. §§ 1301-1438 (2000). In support of this Motion, Defendant has filed simultaneously herewith Defendant's Memorandum Brief in Support of Motion to Stay Proceedings Pending the Decision of the Supreme Court in Office of Senator Mark Dayton v. Hanson.

Case 1:01-cv-00799-PSF-MEH

Document 121

Filed 02/07/2007

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Respectfully submitted,

Dated: February 7, 2007

/s/ Claudia A. Kostel Jean M. Manning Senate Chief Counsel for Employment Claudia A. Kostel Senate Senior Counsel for Employment Office of Senate Chief Counsel for Employment P.O. Box 77053 Washington, D.C. 20013 Telephone: (202) 224-5424 Facsimile: (202) 228-2557 Attorneys for Defendant, The Office of Senator Ben Nighthorse Campbell

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Case 1:01-cv-00799-PSF-MEH

Document 121

Filed 02/07/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 7th day of February, 2007, I sent a true and accurate copy of the foregoing Defendant's Motion to Stay Proceedings Pending the Decision of the Supreme Court in Office of Senator Mark Dayton v. Hanson, Memorandum of Points and Authorities in Support of Defendant's Motion to Stay Proceedings Pending the Decision of the Supreme Court in Office of Senator Mark Dayton v. Hanson, and the Proposed Order to the following attorney, through the Electronic Case Filing system.

John Evangelisti, Esq. [email protected] 1120 Lincoln Street, Suite 711 Denver, Colorado 80203 Attorney for Plaintiff, Rita Bastien

/s/ Tonya Dixon Tonya Dixon