KELLOGG BROWN & ROOT SERVICES, INC., v. USA

Filing 11

ORDER STAYING CASE pending briefing in related case (13-169). Once briefing is completed in related case, the court shall determine the scope of the oral argument requested by plaintiff. Signed by Judge Lynn J. Bush. (TQ) Copy to parties.

In the United States Court of Federal Claims
No. 12-780 C
(Filed June 10, 2013)
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KELLOGG BROWN & ROOT
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SERVICES, INC.,
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Plaintiff,
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v.
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THE UNITED STATES,
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Defendant.
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ORDER
The court has before it defendant’s motion to dismiss, filed March 18, 2013,
which has been fully briefed. In its opposition to defendant’s motion, filed April 9,
2013, plaintiff requests oral argument. Plaintiff also “suggests that the Court
consider consolidating” this case with a directly related case filed by plaintiff on
March 5, 2013. Pl.’s Opp. at 10. Defendant opposes plaintiff’s suggestion that this
case be consolidated with the related case, Kellogg Brown & Root Services, Inc. v.
United States, Case No. 13-169C. Def.’s Reply at 6.
The court notes that dispositive briefing is underway in the later-filed related
case. Inasmuch as controlling issues of claim certification, sum certain
requirements and jurisdiction appear to be present in both cases and to arise from
the same contract and operative facts, in the interests of case management
efficiency the court believes that a brief stay of proceedings in the earlier-filed
related case would permit the court to review the parties’ briefing regarding
defendant’s dispositive motions in both cases. Once that review is completed, the
court will determine the scope of the oral argument requested by plaintiff. At this
time, the court’s preliminary review suggests that oral argument should probably
address both cases and both dispositive motions filed by defendant.

As to plaintiff’s suggestion regarding consolidation, the stay imposed by this
order creates case management efficiencies that, in the court’s view, obviate any
need for consolidation of the related cases. Accordingly, it is hereby ORDERED
that the proceedings in this case are STAYED until further order of the court.
s/Lynn J. Bush
LYNN J. BUSH
Judge

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