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

Case 1:07-cv-00684-CCM

Document 5

Filed 11/15/2007

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

THE OUTSOURCE GROUP, LLC., Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

No. 07-684 T (Judge Christine O.C. Miller)

__________ MOTION FOR SUSPENSION __________

The parties respectfully request for the following reasons that this Court suspend proceedings in the above-captioned case until there is a final decision in the case of CSX Corporation v. United States, Fed.Cl. No. 95-858 T. The parties expect that the facts of this case fall within the scope of the Court's decision in CSX. That decision has been appealed to the Court of Appeals for the Federal Circuit, and oral argument was held on October 2, 2007. The parties in this case expect that the Federal Circuit's decision in CSX will control the resolution of this case. Therefore, the parties request that the Court suspend proceedings in this case pending a final decision in CSX. The parties propose to submit status reports every 90 days to keep the Court advised of the progress

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Case 1:07-cv-00684-CCM

Document 5

Filed 11/15/2007

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of the CSX case.

Respectfully submitted,

11/15/07 DATE

s/William H. Weissman WILLLIAM H. WEISSMAN, ESQUIRE Littler Mendelson 650 California St. 20th Floor San Francisco, California 94108-2693 (415) 288-6347 Counsel for Plaintiffs

11/15/07 DATE

s/Benjamin C. King, Jr. BENJAMIN C. KING, JR. Attorney of Record Justice Department (Tax) Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6506 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

11/15/07 DATE

s/David Gustafson Of Counsel Counsel for Defendant

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