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

Case 1:08-cv-00212-SGB

Document 10

Filed 07/11/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ TAKAHO ESTATES, LLC, a Florida Limited Liability Company, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) )

No. 08-212 L Hon. Susan G. Braden

UNITED STATES, Defendant.

JOINT MOTION FOR TEMPORARY STAY OF LITIGATION TO CONDUCT SETTLEMENT DISCUSSIONS AND [PROPOSED ORDER] Plaintiff, Takaho Estates, LLC, and Defendant, the United States of America, respectfully move to temporarily stay formal litigation for sixty (60) days, to an including September 9, 2008, so the parties may have an opportunity to actively pursue settlement discussions regarding Plaintiffs' claims. The parties jointly request this stay of litigation for the following reasons: 1. On March 27, 2008, Plaintiff filed the present complaint, and Defendant's counsel

received the complaint on April 28, 2008. 2. The Court has granted two enlargements of time, to an including July 11, 2008,

for the filing of Defendant's answer or responsive motions to Plaintiff's complaint. 3. During this time, the parties have engaged in discussions wherein they have

explored the possibility of actively pursuing settlement discussions and formal mediation. The parties wish to continue their dialogue and to move forward in a mutually cooperative fashion to seek an amicable solution to Plaintiff's claims. 4. During the proposed stay, the parties will work together in an effort to reach a

Case 1:08-cv-00212-SGB

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settlement of the case, in whole or in part, by informal settlement negotiation discussions and, if needed, by formal mediation. 5. The parties agree that it is most productive to devote limited litigation resources

to the activities described above that will materially advance resolution of Plaintiff's claims. 6. The parties agree that either side may unilaterally request that the Court re-

activate this case to formal litigation status by written notice to the Court. 7. Staying the litigation, and allowing the settlement discussions to proceed, will

give the parties greater latitude and flexibility to pursue a useful dialogue and any necessary information-sharing, and will allow for the parties to engage in efficient and cooperative discussions to attempt to mutually resolve Plaintiff's claims, in whole or part. 8. Granting the requested stay will not prejudice either party or adversely delay the

litigation and will in fact facilitate the parties' efforts to move the settlement discussions forward by avoiding protracted hearing and motions practice. The granting of this joint motion will also serve the public interest by promoting judicial economy and efficiency and conserving the parties' limited resources. 9. Based on the foregoing, the parties respectfully request that the Court grant the

following relief: a. September 9, 2008; b. Make the temporary stay effective immediately, thus deferring, among A temporary stay of litigation in this case for 60 days, to and including

other things, (1) the time and obligation for Defendant to file its Answer or otherwise respond to the Complaint, and (2) the time and obligation of the parties to hold an early meeting of counsel and file a Joint Preliminary Status Report, until after the termination of the temporary stay; and

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c.

Order that the parties file a joint status report on or before August 31,

2008, informing the Court of the status of their efforts to resolve Plaintiff's claims. WHEREFORE, the parties respectfully request that their joint motion be GRANTED. Respectfully submitted this 11th day of July, 2008, RONALD J. TENPAS Assistant Attorney General s/ John W. Little, III, signed by s/ E. Kenneth Stegeby, pursuant to written authorization on July 11, 2008 JOHN W. LITTLE, III Brigham Moore, LLP One Clearlake Centre 250 South Australian Avenue Suite 1601 West Palm Beach, FL 33401-5016 Seattle, WS 98101 Tel: (561) 832-7862 Fax: (561) 832-7860 Email: [email protected] Attorney of Record for Plaintiff

s/ E.Kenneth Stegeby E. KENNETH STEGEBY Trial Attorney United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 616-4119 Fax: (202) 353-2021 Email: [email protected] Attorney of Record for Defendant