PEARSE-HOCKER v. USA

Filing 31

Joint MOTION to Continue A Stay of Proceedings, filed by ANNE PEARSE-HOCKER, USA.Response due by 5/5/2011.(Brown, Walter)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
ANNE PEARSE-HOCKER,

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Plaintiff,
v.
THE UNITED STATES,
Defendant.

No. 10-269 C
Judge Edward J. Damich

JOINT MOTION FOR CONTINUATION OF A STAY OF PROCEEDINGS
In accordance with the Court’s February 17, 2011, Order and paragraph 4(b)(ii) of the
Court’s Special Procedures Order, plaintiff Anne Pearse-Hocker and defendant, the United
States (the government), hereby jointly move for the continuation of a stay of proceedings while
counsel for the parties work to complete the settlement documents that will lead to a complete
resolution of this case. At that time, the parties understand that the plaintiff will make a written
offer to government counsel, who, in turn, will recommend its approval by the Smithsonian
Institution and the Department of Justice. Accordingly, the parties request an additional 45-day
stay of all proceedings (including discovery and summary judgment briefing) from today, April
18, 2011, to, and including, June 2, 2011.
Statement in Support of Motion
On February 16, 2011, the parties jointly moved for a 61-day stay of proceedings in this
case based on progress made in settlement discussions. After the Court granted this motion, the
parties have engaged in further discussions about settlement. By agreement of the parties, the
defendant drafted a Settlement Agreement and corresponding Stipulation for Entry of Judgment.
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These drafts were provided to plaintiff’s counsel on March 14, 2011. In response, on April 15,
2011, plaintiff’s counsel provided comments and edits to the draft to defendant’s counsel, which
are now being considered. As explained in the concurrently filed Joint Status Report, the parties
believe that the remaining differences between the parties relate to only a few substantive issues,
and accordingly, the present drafts reflect agreement on most major substantive issues.
Given this progress towards completion of the operative settlement documents, the
parties have agreed that a continued stay of all proceedings is appropriate in order to avoid the
expense and time required to restart proceedings under the Court’s schedule. Likewise, the
parties believe that the requested stay will provide sufficient time for the parties to complete a
settlement agreement in this case.
Respectfully submitted,
THOMPSON HINE LLP
Dated: April 18, 2011

By:s/Eric N. Heyer by Walter W. Brown
Eric N. Heyer
1920 N Street, N.W., Suite 800
Washington, D.C. 20036
Telephone: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiff Anne Pearse-Hocker

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TONY WEST
Assistant Attorney General
JOHN FARGO
Director
Dated: April 18, 2011

s/Walter W. Brown
Walter W. Brown
Attorney
Commercial Litigation Branch
Civil Division
Department of Justice
Washington, D. C. 20530
Telephone: [phone]
Facsimile: [phone]
Attorneys for the United States

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