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

Case 1:06-cv-00749-SGB

Document 10

Filed 07/03/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________ No. 06-749 T (Judge Braden) BRIAN ALAN BLAKLEY, d/b/a/ TCS Plaintiffs, v. THE UNITED STATES, Defendant. __________________ MOTION OF THE UNITED STATES TO SUSPEND PROCEEDINGS __________________

Defendant, the United States, moves to suspend the proceedings of this case, pursuant to RCFC 7(b). As good cause therefor, the defendant states as follows: 1. 2. The United States has conceded this case, by letter dated June 28, 2007 (attached, Ex. 1). The United States has directed the Bureau of Alcohol, Tobacco, Firearms and Explosives to process an overpayment of the $200 transfer tax at issue in this case, plus interest according to law, on behalf of the plaintiff. 3. The United States has provided plaintiff with a copy of a stipulation for the voluntary dismissal of this case, to be filed once the overpayment is processed. 4. The processing of the overpayment may require several weeks to complete.

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Case 1:06-cv-00749-SGB

Document 10

Filed 07/03/2007

Page 2 of 2

5.

Discovery is ongoing, and deadlines for responding to formal and informal discovery requests from both parties are approaching (the first of these deadlines is July 19, 2007, by which date the United States is required to respond to discovery requests from plaintiff).

6.

In light of the concession of the United States, the need for any additional discovery in this case is mooted. Plaintiff has not indicated whether he will object to this motion. Therefore, the United States moves the Court to suspend the proceedings of this case

while the overpayment is processed, pursuant to the concession. Respectfully submitted, s/Jacob Christensen JACOB E. CHRISTENSEN Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 307-0878 Fax: (202) 514-9440 Email: [email protected] RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section G. ROBSON STEWART Reviewer July 3, 2007 s/G. Robson Stewart Of Counsel 2
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