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

Case 1:04-cv-01661-EJD

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Filed 02/27/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS KOLLMORGEN CORPORATION, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant, and GR DYNAMICS, LLC, Intervenor-Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 04-1661C Chief Judge Edward J. Damich

JOINT MOTION FOR A SECOND STAY OF PROCEEDINGS Plaintiff Kollmorgen Corporation ("Kollmorgen"), defendant the United States of America (the "United States"), and intervenor-defendant GR Dynamics, LLC ("GRD") hereby jointly move for a second stay of the proceedings to give Kollmorgen and GRD additional time to finalize settlement of this litigation. As explained in the Joint Status Report submitted today, the parties believe agreement has been reached on certain principle terms to form the basis of a formal settlement agreement. The parties, however, require additional time to prepare and finalize an appropriate agreement implementing the terms that have been proposed for settlement of the litigation, including to resolve any outstanding differences, and to obtain necessary corporate approvals from all parties (including the United States) and from third-parties RAFAEL USA, Inc. ("RAFAEL USA") and RAFAEL Armament and Defense Authority, Ltd. ("RAFAEL ISRAEL"). The Court previously granted a first 61-day stay of all proceedings, which began December 14, 2005 and expired February 13, 2006. Accordingly, the parties

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Case 1:04-cv-01661-EJD

Document 38

Filed 02/27/2006

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request a second 30-day stay of all proceedings from today, February 27, 2006, to, and including, Wednesday, March 29, 2006. All parties, including the United States, agree that the requested second stay of all proceedings is appropriate and the parties believe that the requested second stay will provide sufficient time for the parties to finalize a settlement of this litigation. Conclusion For the reasons stated above, the parties respectfully request that this joint motion for a second stay of proceedings from today, February 27, 2006, to, and including, Wednesday, March 29, 2006, be granted. A proposed Order for the Court's consideration is attached hereto.

Respectfully submitted, February 27, 2006 s/Andrew M. Riddles by s/Janice A. Christensen JOSEPH A. DEGIROLAMO ANDREW M. RIDDLES ANDREA L. WAYDA JANICE A. CHRISTENSEN MORGAN & FINNEGAN, LLP 3 World Financial Center New York, New York 10281 Telephone: (212) 415-8700 Facsimile: (212) 415-8701 Attorneys for Plaintiff Kollmorgen Corporation

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Case 1:04-cv-01661-EJD

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PETER D. KEISLER Assistant Attorney General JOHN FARGO Director February 27, 2006 s/Walter W. Brown by s/Janice A. Christensen WALTER W. BROWN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 Telephone: (202) 307-0341 Facsimile: (202) 307-0345 Attorneys for the United States of America

February 27, 2006

s/James E. Hopenfeld by s/Janice A. Christensen JAMES E. HOPENFELD ROPES & GRAY, LLP One Metro Center 7001 12th Street, N.W., Suite 900 Washington, D.C. 20005-3948 Telephone: (202) 508-4600 Facsimile: (202) 508-4650 LAURENCE S. ROGERS STEVEN PEPE MATTHEW TRAUPMAN ROPES & GRAY, LLP 1251 Avenue of the Americas New York, New York 10020 Telephone: (212) 596-9000 Facsimile: (212) 596-9090 Attorneys for Intervenor-Defendant GR Dynamics, LLC

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Case 1:04-cv-01661-EJD

Document 38

Filed 02/27/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS KOLLMORGEN CORPORATION, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant, and GR DYNAMICS, LLC, Intervenor-Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 04-1661C Chief Judge Edward J. Damich

[PROPOSED] ORDER Upon consideration of the parties' Joint Motion for a Second Stay of Proceedings, the Court hereby orders a 30-day stay of all proceedings from today, February 27, 2006, to and including Wednesday, March 29, 2006.

EDWARD J. DAMICH Chief Judge

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