Free Order on Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:06-cv-00507-LJB

Document 24

Filed 05/11/2007

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In the United States Court of Federal Claims
No. 06-507 C (May 11, 2007) * * * * * * * * * * * * * * EUGENE DAVIS, Plaintiff, v. THE UNITED STATES, Defendant. * * * * * * * * * * * * * * * * * * * * * * * * * ORDER

On May 8, 2007, defendant filed an unopposed Motion for a Stay or, Alternatively, for an Enlargement of Time of ten days, to and including May 18, 2007, within which to file its sur-reply in this matter. Defendant's motion states that plaintiff's counsel has indicated to defendant that he plans to file a motion to transfer this case to the federal district court of Tennessee. Defendant agrees with plaintiff that the district court is the correct forum for this matter. Defendant's motion requests a stay of its pending motion to dismiss and all deadlines associated with its dispositive motion. Absent the court's granting of defendant's motion to stay, defendant seeks a motion of enlargement of time of ten days, to and including May 18, 2007, within which to file its sur-reply in this matter. Accordingly, it is hereby ORDERED that: (1) Defendant's Motion for a Stay or, Alternatively, for an Enlargement of Time, filed May 8, 2007, is GRANTED; Defendant's Motion to Dismiss, filed January 19, 2007, is SUSPENDED pending further order of the court; and

(2)

Case 1:06-cv-00507-LJB

Document 24

Filed 05/11/2007

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(3)

Absent the filing of plaintiff's motion to transfer, on or before May 25, 2007, the parties are directed to FILE a Joint Status Report indicating the status of proceedings in this matter.

/s/Lynn J. Bush LYNN J. BUSH Judge