PEARSE-HOCKER v. USA

Filing 32

Joint MOTION to Continue a Stay of Proceedings, filed by USA.Response due by 6/20/2011.(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 April 18, 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 and execute the settlement documents that will lead to a
complete resolution of this case. Since the Court’s Order, plaintiff has made a formal written
offer to the defendant. In turn, the defendant’s attorney of record and the Smithsonian Institution
have recommended its approval. In order to complete this settlement, the parties hereby request
an additional 8-day stay of all proceedings from today, June 2, 2011, to, and including, June 10,
2011, to obtain the necessary authorizations for this settlement.
Statement in Support of Motion
On April 18, 2011, the parties jointly moved for a 45-day continued stay of proceedings
in this case based on progress made in settlement discussions. After the Court granted this
motion, the parties have worked to complete the operative settlement documents. On May 24,
2011, the plaintiff submitted a formal written offer, enclosing a Settlement Agreement and
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corresponding Stipulation for Entry of Judgment (the Stipulation). In response, defendant’s
attorney of record and the Smithsonian Institution have recommended approval of this offer.
As explained in the concurrently filed Joint Status Report, the defendant is now working
to obtain the necessary authorizations for this settlement. Given that an executed settlement
agreement appears imminent, 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. Likewise, the
parties believe that the requested stay will provide sufficient time for the parties to execute the
Settlement Agreement and file the Stipulation with the Court.
Respectfully submitted,
THOMPSON HINE LLP
Dated: June 2, 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: June 2, 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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