Free Motion for Referral to ADR - District Court of Federal Claims - federal

Case 1:04-cv-00557-GWM

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Filed 07/14/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ELLIS C. BLAND, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) No. 04-557C ) ) (Judge George W. Miller) ) ) )

JOINT MOTION FOR REFERRAL TO ADR AND TO STAY PROCEEDINGS Pursuant to Rule 7(b) and Appendix H(3) of the Rules of the Court of Federal Claims ("RCFC"), the parties respectfully advise the Court that they intend to pursue ADR and respectfully request that this matter be referred to the clerk for appointment of a United States Court of Federal Claims settlement judge to conduct mediation. The parties also request that the Court stay further

proceedings in this case pending the conclusion of the mediation. In this action, plaintiffs, among other relief, seek overtime allegedly owed to them pursuant to the Fair Labor Standards Act. The parties believe that a settlement judge may

assist them in resolving their differences and reaching a resolution of this case without further litigation. The parties

are in agreement that all further proceedings in this action, including discovery, should be stayed pending mediation. The following cases, including this case, are related: Bland v. United States, Fed. Cl. No. 04-557C; Busigo v. United States, Fed. Cl. No. 05-422; Case v. United States, Fed. Cl. No.

Case 1:04-cv-00557-GWM

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05-687C; Dupuis v. United States, Fed. Cl. No. 06-82C; Fleury v. United States, Fed. Cl. No. 06-156; Nokell v. United States, Fed. Cl. No. 06-335. The parties are seeking a stay and assignment of

a settlement judge in all of the above cases, and respectfully request that the cases be assigned to the same settlement judge, so that they can be resolved during the same ADR proceedings. CONCLUSION For the foregoing reasons, the parties respectfully request the Court to refer this matter to the Clerk for assignment to a settlement judge as provided for in Appendix H of this Court's rules, and that the Court stay further proceedings in this action until conclusion of the mediation.

Respectfully submitted, s/Jules Bernstein JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 Tele: (202) 296-1798 email: [email protected] Attorneys for Plaintiffs Dated: July 14, 2006 PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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Case 1:04-cv-00557-GWM

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s/Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Fax: (202) 305-3291 email: [email protected] Attorneys for Defendant Dated: July 14, 2006 Filed Electronically with the consent of Attorneys for Defendant

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Case 1:04-cv-00557-GWM

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 14th day of July 2006, a copy of the foregoing "JOINT MOTION FOR REFERRAL TO ADR AND TO STAY PROCEEDINGS" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Jules Bernstein