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

Case 1:01-cv-00608-FMA

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TRANSFAIR INTERNATIONAL, INC. ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 01-608C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION TO CONTINUE STAY OF PROCEEDINGS Defendant, the United States, respectfully requests the Court issue an order continuing the stay of proceedings in this case for an additional period of 14 days, to and including October 7, 2003. The current stay of proceedings is in effect This is defendant's second request for

until September 23, 2003. a stay of proceedings.

The Court previously granted us a stay of Plaintiff's counsel has

proceedings for a period of 14 days.

authorized us to state that plaintiff does not oppose our motion to stay proceedings. follows. In our previous motion to stay proceedings, we informed the Court that plaintiff had submitted to defendant an offer of settlement which had been accepted by the Department of Justice, and that time was necessary for the parties to formalize the settlement agreement and for defendant to process the necessary documents permitting payment to be made directly to plaintiff by the agency. On September 11, 2003, the parties signed a The grounds for granting this motion are as

settlement agreement.

Case 1:01-cv-00608-FMA

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Pursuant to the terms of the settlement agreement, plaintiff now is required to submit to defendant an invoice for payment in the settlement amount. Plaintiff's counsel has informed

undersigned counsel that Plaintiff still is in the process of preparing its invoice and that plaintiff intends to transmit its invoice to the agency on September 23, 2003. Once, the agency

receives plaintiff's invoice, the agency will promptly make payment to plaintiff pursuant to the terms of the settlement agreement. Once that process is complete, the parties anticipate

filing a joint stipulation of dismissal in this case. Because the parties have reached a settlement in this matter, additional time spent by the parties conducting discovery or preparing for submission of initial disclosures would not be cost-effective. Granting our request for a stay of proceedings

would further the goal of judicial economy. For these reasons, defendant respectfully requests that its unopposed motion to continue the stay proceedings be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

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OF COUNSEL: DONALD F. GRESSETT Office of the General Counsel U.S. Agency for International Development Washington, D.C.

s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0290 Fax: (202) 514-8624 Attorneys for Defendant

September 22, 2003

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 22nd day of SEPTEMBER 2003, I caused to be sent via United States mail (first-class postage prepaid) copies of "DEFENDANT'S UNOPPOSED MOTION TO CONTINUE STAY OF PROCEEDINGS" addressed as follows: Wilsie H. Adams JR., Esq. 12100 Drew Court Potomac, Maryland 20854

s/ David B. Stinson