Free Order on Motion for Extension of Time to File - District Court of Federal Claims - federal

Case 1:05-cv-01248-LJB

Document 12

Filed 06/15/2006

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In the United States Court of Federal Claims
No. 05-1248 C (Filed June 15, 2006) ************************ REDWOOD FURNITURE CO., et al., * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * ************************ ORDER On May 31, 2006, plaintiffs filed an Unopposed Motion for Enlargement of Time of 120 days, to and including September 29, 2006, within which to respond to defendant's motion to dismiss. Plaintiffs state that they have an appeal currently pending before the Armed Services Board of Contract Appeals (ASBCA) which poses jurisdictional issues that may impact the subject matter. Therefore, plaintiffs request that the court temporarily postpone proceedings in this case until the ASBCA issues a ruling on the jurisdictional issues before it. The court agrees that litigation of the subject matter should be postponed pending a jurisdictional ruling in plaintiffs' earlier filed ASBCA appeal. Plaintiffs state that they expect a jurisdictional decision from the ASBCA shortly. Rather than granting plaintiffs' request for an enlargement of time to respond to defendant's motion to dismiss, however, the court believes that a stay of proceedings is more appropriate. The parties shall file a joint status report within thirty days of an ASBCA decision resolving the jurisdictional issues pertinent to plaintiffs' claims here.

Case 1:05-cv-01248-LJB

Document 12

Filed 06/15/2006

Page 2 of 2

Accordingly, it is hereby ORDERED that: (1) Plaintiffs' Motion for Enlargement, filed May 31, 2006, is DENIED, as moot; The Clerk's office is DIRECTED to STAY the subject matter pending further order of the court; and The parties shall FILE a Joint Status Report within thirty days of an ASBCA decision resolving jurisdictional issues pertinent to the subject matter, informing the court of the ASBCA's ruling and their proposed manner of proceeding to resolve plaintiffs' claims in this court.

(2)

(3)

s/Lynn J. Bush LYNN J. BUSH JUDGE

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