Free Stipulation - District Court of Federal Claims - federal

Case 1:00-cv-00644-NBF

Document 134

Filed 09/08/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

William A. Clark, et al. individually and on behalf of all others similarly situated, Plaintiffs, v. The United States, Defendant.

00-644C (Judge Firestone)

STIPULATION AND PROPOSED ORDER FOR A STAY OF DISCOVERY WHEREAS, the pending 2007 National Defense Authorization Act ("NDAA"), a form of which has passed both houses of Congress, contains a provision designed to amend 37 U.S.C. § 206, 1 the statutory provision at the heart of this case; WHEREAS, plaintiffs and defendant dispute the effect this legislation effort will have on the Government's duty to compensate National Guard members for completion of alleged required correspondence coursework, and by extension, on the future of the case, but have agreed pursuant to Rule 29 of the Rules of the Court of Federal Claims to stay discovery pending the signing of the NDAA into law owing to the effect this legislation may have; WHEREAS, plaintiffs and defendant have agreed to request the scheduling of a status conference to discuss further proceedings once the NDAA is signed into law; WHEREAS, the parties have agreed to seek this Court's approval of this stipulation because the stay may extend past the cutoff date for the current round of discovery, which is currently scheduled to end October 2, 2006; The parties hereby stipulate as follows:

1

The provision, located at section 603 in the Senate's version of the NDAA, and section 606 in the House's version of the NDAA, are entitled: "Clarification Of Effective Date Of Prohibition On Compensation For Correspondence Courses." S. 2766, 109th Cong. (2d Sess. 2006) § 603; H. R. 5122, 109th Cong. (2d Sess. 2006) § 606.

Case 1:00-cv-00644-NBF

Document 134

Filed 09/08/2006

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1.

Pursuant to Rule 29 of the Rules of the Court of Federal Claims, the parties

stipulate to a stay of discovery until after the pending 2007 National Defense Authorization Act ("NDAA") is signed into law. 2. Within two (2) weeks of enactment of the NDAA, the parties will contact the

Court to schedule a status conference to discuss the conduct of further proceedings. Respectfully submitted, s/Helen K. Michael HELEN K. MICHAEL ROBERT SHULMAN HOWREY SIMON ARNOLD & WHITE, L.L.P. 1299 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 783-0800 PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Bryant G. Snee BRYANT G. SNEE Assistant Director s/Douglas K. Mickle DOUGLAS K. MICKLE Trial Attorney U.S. Department of Justice Civil Division Commercial Litigation Branch 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tele: (202) 307-0383 Fax: (202) 353-7988 OF COUNSEL: LT COL JOSEPH FETTERMAN MAJOR JERRET DUNLAP United States Army Litigation Division Mr. TIMOTHY MALLOY MAJOR TRACEY ROCKENBACH United States Air Force General Litigation Division MAJOR MAXIMINO GONZALEZ National Guard Bureau Office of Chief Counsel Attorneys for Defendant

RICHARD T. DORMAN CUNNINGHAM, BOUNDS, YANCE, CROWDER & BROWN, LLC 1601 Dauphin Street Mobile, AL 36604 (251) 471-6191

CHARLES J. COOPER COOPER & KIRK, P.L.L.C. 1500 K Street, N.W., Ste. 200 Washington, DC 2005 (202) 220-9600 Attorneys for Plaintiffs

September 8, 2006

Case 1:00-cv-00644-NBF

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Filed 09/08/2006

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IT IS SO ORDERED _______________________________ Honorable Nancy Firestone

Case 1:00-cv-00644-NBF

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on September 8, 2006, a copy of the foregoing "STIPULATION AND PROPOSED ORDER TO STAY DISCOVERY" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Helen K. Michael Helen K. Michael