Opinion
No. 5:03CV24
December 18, 2003
ORDER
Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for Assignment of Duties to United States Magistrate Judges dated January 15, 1994, Motion of United States to Stay Proceedings (Docket Entry #25), Opposed Protective Motion of United States to Amend Docket Control Order, to Extend Deadlines, and for Expedited Hearing (Docket Entry #28), and Opposed Motion of United States for Expedited Hearing on Opposed Motion of United States to Transfer Venue and Opposed Motion of United States to Stay Proceedings (Docket Entry #27) were referred to the Honorable Caroline M. Craven for the purposes of hearing and determining said motions. The Court, after reviewing the relevant briefing, is of the opinion that the motion to stay is well taken and should be GRANTED. The Court is further of the opinion the United States' motion for expedited hearing on the motion to transfer and the United States' motion to amend the docket control deadlines should be DENIED at this time.
The United States moves this Court to stay the proceedings in this case until 60 days after: (1) the date that this Court enters an Order granting or denying the motion of United States to transfer this case to the United States District Court for the Eastern District of Virginia or the Court of Federal Claims under 28 U.S.C. § 1631; or (2) if an appeal is taken to the Court of Appeals for the Federal Circuit from this Court's Order granting or denying the motion of United States to transfer, the date that the appeal has been decided by the Court of Appeals for the Federal Circuit. In support of its motion to stay, the United States contends it has filed a motion to transfer this case to the United States District Court for the Eastern District of Virginia or to the Court of Federal Claims under 28 U.S.C. § 1631, asserting this Court lacks jurisdiction, or in the alternative, that venue is improper under 26 U.S.C. § 6226(a)(2) and (b)(1).
In its motion, the United States seeks a stay for 60 days. However, in the reply, the United States seeks a stay of 150 days.
28 U.S.C. § 1292(d)(4)(B) provides that when a motion to transfer an action to the Court of Federal Claims is filed in the district court, no further proceedings shall be taken in the district court until 60 days after the court has ruled on the motion. Section 1292(d)(4)(B) further provides that if an appeal is taken from the district court's grant or denial of the motion, proceedings shall be stayed until the appeal has been decided.
Petitioners Transcapital Leasing Associates 1992-VII, L.P. and Guaranty Bancshares, Inc., along with its subsidiaries ("Petitioners") oppose the United States' motion to stay proceedings. Petitioners assert that instead of working with Petitioners to schedule depositions and responding to discovery requests, the United States filed the motion to stay proceedings.
The Court, having reviewed the relevant briefing, is of the opinion the case should be stayed. The introductory paragraph, the question presented, and the prayer in the United States' motion to transfer each mention the Court of Federal Claims. The United States seeks transfer to either the United States District Court for the Eastern District of Virginia or to the Court of Federal Claims. As such, 28 U.S.C. § 1292(d)(4)(B) applies to this case, and the proceedings shall be stayed.
The United States has also filed an opposed motion for expedited hearing on its motion to transfer and its current motion to stay proceedings. After reviewing the motion to transfer, the Court will determine if a hearing will aid in the resolution of the motion and will schedule a hearing, if necessary, accordingly. In addition, the Court denies without prejudice to refiling the United States' opposed motion to amend the docket control order, extending the remaining deadlines and resetting the final pretrial conference for a period of 150 days after the Court has entered an order on the motion to transfer or, if an appeal is taken, from the date the appeal has been decided. The Court will take up the docket control order issue after the stay is lifted. Accordingly, it is
The United States filed the two opposed motions on December 15, 2003 Because the response time has not yet run, Plaintiff has not responded to the motions. Based on the Court's ruling on the current motion to stay, the Court will rule on these motions without a response.
ORDERED that Motion of United States to Stay Proceedings (Docket Entry #25) is hereby GRANTED. It is further
ORDERED that no further proceedings shall be taken in this case until 60 days after: (1) the date that this Court enters an Order granting or denying the motion of United States to transfer this case to the United States District Court for the Eastern District of Virginia or the Court of Federal Claims under 28 U.S.C. § 1631; or (2) if an appeal is taken to the Court of Appeals for the Federal Circuit from this Court's Order granting or denying the motion of United States to transfer, the date that the appeal has been decided by the Court of Appeals for the Federal Circuit.