Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:03-cv-01418-GWM

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Filed 03/20/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

L. TIM WAGNER, LIQUIDATOR OF AMWEST SURETY INSURANCE COMPANY, IN LIQUIDATION,1 Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

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Case No. 03-1418C Judge Miller

EIGHTH JOINT MOTION TO FURTHER EXTEND BRIEFING DEADLINES BY AN ADDITIONAL 90 DAYS The Plaintiff, L. Tim Wagner, Liquidator of Amwest Surety Insurance Company in Liquidation ("Liquidator") and the Defendant, the United States of America ("Government"), hereby jointly move this Court for an Order extending by an additional 90 days the briefing schedule issued in this Court's December 3, 2007 Order. In support of this Motion, the parties state as follows: 1. On June 21, 2006 this Court issued an Opinion and Order in which it granted in

part the Government's motion to dismiss the Liquidator's claims. The Court deferred ruling on the remaining motions before it so that additional briefing could be done on four specific issues that the Court enumerated. 2. On July 13, 2006, the parties filed a joint motion requesting the Court to extend

the briefing deadline by sixty (60) days. The Court granted the motion on July 17, 2006.

1

L. Tim Wagner died on October 9, 2007. Ann M. Frohman is Mr. Wagner's successor as the Nebraska Insurance Director which means, by operation of law, she has become the Liquidator of Amest Surety Insurance Company.

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Case 1:03-cv-01418-GWM

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3.

On August 18, 2006, the parties again filed a joint motion requesting the Court to

extend the briefing deadline by sixty (60) days. The Court granted this motion on August 22, 2006. 4. On October 31, 2006 the parties again filed a joint motion requesting the Court to

extend the briefing deadline by sixty (60) days. The Court granted this motion on November 1, 2006. 5. On January 4, 2007 the parties again filed a joint motion requesting the Court to

extend the briefing deadline by ninety (90) days. The Court granted this motion on January 8, 2007. 6. On March 5, 2007 the parties again filed a joint motion requesting the Court to

extend the briefing deadline by one hundred and twenty (120). The Court granted this motion on March 27, 2007. 7. On July 30, 2007 the parties again filed a joint motion requesting the Court to

extend the briefing deadline by one hundred and twenty (120). The Court granted this motion on July 31, 2007. 8. The Court's July 31, 2007 Order also required the parties to file joint status

reports every 30 days. The parties complied with that Order. 9. On November 30, 2007 the parties again filed a joint motion requesting this Court

to extend the briefing deadline by 120 days. The Court granted this motion on December 3, 2007. 10. The Court's December 3, 2007 Order further required the parties to file a status

report every 30 days thereafter. The parties have complied with this Order.

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11.

Currently, the Plaintiff's supplemental pleading is due by April 1, 2008, the

Defendant's response is due by April 14, 2008, and the Plaintiff's reply is due on April 28, 2008. 12. Prior to and since entry of the Court's December 3, 2007 Order, both parties have

continued negotiating in good faith and have made substantial progress toward settlement of all existing claims and disputes between them. Despite their progress, all matters will not be resolved by April 1, 2008. 13. A comprehensive settlement with the U.S. Government on virtually all matters

except tax matters has been the ongoing objective of the Amwest Liquidator and the U.S. Government. The Liquidator and the U.S. Government have addressed each and every matter between them, including claims by and against various federal agencies and Amwest, as well as this litigation. The Liquidator has made a good faith offer to settle all such matters, specifically including this litigation. The U.S. Government is considering the Liquidator's offer, and has indicated that it believes that all matters between the U.S. Government and the Amwest Liquidator will be resolved and completed within the next 90 days. 14. Counsel for both parties (including the Liquidator's lead negotiator, Robert

Nefsky) would be willing to discuss this requested extension with the Court if it chooses to hold a status conference. However, lead counsel for the Government, Ms. Kathie Shahan, and her immediate supervisor will be out of the office and unavailable on the week of March 24. WHEREFORE, the parties request that this Court enter an order extending by 90 days the deadlines imposed in the Court's Order of December 3, 2007.

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Dated: March 20, 2008. Respectfully submitted,

HUSCH BLACKWELL SANDERS, LLP

PETER D. KEISLER Assistant Attorney General J. CHRISTOPHER KOHN Director

/s/ Douglas J. Schmidt by /s/ Michael D. Fielding Douglas J. Schmidt Michael D. Fielding 4801 Main Street, Suite 1000 Kansas City, Missouri 64112 Ph. (816) 983-8000 Fx. (816) 983-8080 [email protected] [email protected] Attorneys for Plaintiff

/s/ Robert E. Krischman (by permission) ROBERT E. KRISCHMAN Deputy Director

/s/ E. Kathleen Shahan (by permission) E. Kathleen Shahan Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. (8th Floor) Washington, D.C. 20530 Ph. (202) 307-0249 Fx. (202) 307-0494 Attorneys for Defendant

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