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

Case 1:01-cv-00351-JFM

Document 74

Filed 12/19/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS _____________________________________ CLEARWATER CONSTRUCTORS, INC. Plaintiff, No. 01-351C v. (Judge Merow) THE UNITED STATES, Defendant. _____________________________________ PLAINTIFF'S UNOPPOSED MOTION FOR STAY Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, plaintiff, Clearwater Constructors, Inc., respectfully requests a stay of proceedings in this case. Plaintiff's counsel has advised defendant's counsel of this request, who has advised that he consents to this motion. A stay is requested so that the parties may have the opportunity to explore settlement. The parties have spoken and have tentatively scheduled a settlement conference for early 2007. The parties are hopeful that the stay will provide sufficient to resolve the case without the need for further proceedings. Plaintiff proposes that if the Court grants this motion, the parties will file a status report with the Court within sixty (60) days of the Court's Order, and every sixty (60) days thereafter if necessary. For the foregoing reasons, plaintiff respectfully requests that the Court grant its motion to stay this case pending settlement discussions. for summary judgment. Dated: December 19, 2006 1

Case 1:01-cv-00351-JFM

Document 74

Filed 12/19/2006

Page 2 of 3

s/Joseph A. Camardo, Jr. Joseph A. Camardo, Jr. By: Kevin M. Cox 127 Genesee Street Auburn, New York 10321 Tel: (315) 252-3846 Fax: (315) 252-3508 Attorneys for Plaintiff

2

Case 1:01-cv-00351-JFM

Document 74

Filed 12/19/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify under penalty of perjury that on December 19, 2006, I caused to be served by United States Mail (First Class, postage prepaid) a copy of "Plaintiff's Unopposed Motion For Stay" to: J. Reid Prouty Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street Washington, DC 20530

s/Kevin M. Cox Kevin M. Cox

3