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

Case 1:06-cv-00751-MCW

Document 9

Filed 02/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LAWRENCE S. LEWIN, and MARION E. LEWIN, Plaintiffs, V. UNITED STATES OF AMERICA, Defendant. § § § § § § § § § §

DOCKET NO. 06-751 T JUDGE MARY ELLEN COSTER

JOINT MOTION TO STAY PROCEEDINGS The parties respectfully request that proceedings be suspended in this case pending the Court's final disposition of John Herda and Margaret Herda et. al. v. United States, Fed. Cl. No. 06-224T. The parties previously informed the Court that this case is indirectly related to Herda, and to Gordon R. Cooke and Jennifer L. Cooke v. United States, Fed. Cl. No. 06-850T. See Notice [Doc. #4], Fed. Cl. No. 06-850T; Notice [Doc. #13], Fed. Cl. No. 06-224T. After the notice of indirectly related cases was filed in Herda, Herda and this case were transferred to Judge Williams, to whom also Cooke is assigned. Plaintiffs in Herda, Lewin, and Cooke are represented by attorneys from the same law firm, Redding & Associates, P.C., and the same attorney of record has appeared on behalf of defendant in all three. Herda is presently in discovery, which is set to close on April 30, 2007, see Order [Doc. #12], Fed. Cl. No. 06-224T, and the present case is post-answer, pre-JPSR. Recently, the Court, pursuant to a joint motion like this motion, stayed Cooke pending final disposition of Herda. Given the common issues of law and fact (material individual issues of law and fact may also exist) present in Herda, Lewin, and Cooke, the parties believe the efficient administration of justice would be significantly promoted by adoption of the following procedure: The Court stays this case

Case 1:06-cv-00751-MCW

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Filed 02/23/2007

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with Cooke and fully adjudicates Herda; the parties then submit a joint status report in which they express their view on how the outcome of Herda impacts Lewin and Cooke; and the Court enters orders regarding further proceedings. Plaintiffs' counsel also notes that she and/or lawyers from her firm intend to file, in the future, additional cases that they believe are indirectly related to Herda, Lewin, and Cooke. The parties believe future filed cases are best handled via the procedures established in the Court's rules for indirectly related cases, RCFC 40.2(b), and, accordingly, plaintiffs' counsel intends to file the appropriate notice in Herda, the earliest filed case. Respectfully submitted, February 23, 2007 Date s/ Thomas E. Redding THOMAS E. REDDING Redding & Associates, P.C. 2914 W.T.C. Jester Houston, TX 77018 (713) 965-9244 (713) 621-5227 (Fax) Attorney for Plaintiffs s/ Bart D. Jeffress by s/ Thomas E. Redding BART D. JEFFRESS 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 (202) 307-6496 (202) 514-9440 (Fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

February 23, 2007

Case 1:06-cv-00751-MCW

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Filed 02/23/2007

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STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section February 23, 2007 Date s/ Steven I. Frahm by s/ Thomas E. Redding Of Counsel Attorneys for Defendant