JOINT MOTION & ORDER FOR STAY 

CASE NO. C05-5583RJB 

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THE HONORABLE ROBERT J. BRYAN 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

CHRISTINE O. GREGOIRE, Governor of 

the State of Washington, 

 Plaintiff, 

 v. 

DONALD H. RUMSFELD, in his official 

capacity as Secretary of Defense; 

ANTHONY J. PRINCIPI, in his official 

capacity as Chairman of the Defense Base 

Closure and Realignment Commission; and 

JAMES H. BILBRAY, PHILLIP E. 

COYLE, HAROLD W. GEHMAN, JR., 

JAMES V. HANSEN, JAMES T. HILL, 

LLOYD W. NEWTON, SAMUAL K. 

SKINNER, and 

SUE ELLEN TURNER, in their official 

capacities as members of the Defense Base 

Closure and Realignment Commission, 

 Defendants. 

CASE NO. C05-5583RJB 

JOINT MOTION & 

ORDER FOR STAY 

NOTE ON MOTION 

CALENDAR: 

November 29, 2005 

 Plaintiff CHRISTINE O. GREGOIRE, by and through her attorney, ROB 

MCKENNA, Attorney General of the State of Washington, and SARA J. FINLAY, Senior 

Counsel, and Defendants, DONALD H. RUMSFELD, ANTHONY J. PRINCIPI, JAMES H. 

BILBRAY, PHILLIP E. COYLE, HAROLD W. GEHMAN, JR., JAMES V. HANSEN, 

JAMES T. HILL, LLOYD W. NEWTON, SAMUAL K. SKINNER, and SUE ELLEN 

Case 3:05-cv-05583-RJB Document 10 Filed 12/02/05 Page 1 of 4
JOINT MOTION & ORDER FOR STAY 

CASE NO. C05-5583RJB 

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TURNER, by and through their attorney, MATTHEW LEPORE, Trial Attorney with the 

United States Department of Justice, file this Joint Motion for Stay based on the records and 

files in this case as well as the following: 

 1. On September 13, 2005, Magistrate J. Kelley Arnold issued a “Minute Order 

Regarding Initial Disclosures, Joint Status Report, and Early Settlement” and a “Minute 

Order Regarding Discovery and Depositions.” These Orders establish certain discovery 

deadlines, including a December 5, 2005 deadline for the parties to file initial disclosures, 

and a December 12, 2005 deadline for the parties to file a discovery plan. 

 2. The parties agree that this case consists primarily of purely legal issues and 

expect it to be disposed of through cross-dispositive motions without the need for any formal 

discovery. To the extent any factual information is required by either party from the other, 

the parties anticipate an informal exchange. Accordingly, the parties request relief from the 

pending discovery deadlines. 

 3. Moreover, in this action Plaintiff seeks to prevent the implementation of a 

BRAC recommendation to realign the Fairchild Air Force Base, and the Parties have reason 

to believe that such implementation is not imminent. Should any party believe that 

implementation has become imminent, however, any party may file motions consistent with 

applicable federal and local rules. 

 4. Because implementation does not appear imminent, the parties request a stay 

of all proceedings at this time to allow for the possibility of resolving this case without 

further litigation. The parties believe that such a stay of all proceedings, including the initial 

scheduling dates and Defendants’ response date,1

 could avoid an unnecessary and premature 

expenditure of judicial resources. 

 

1

 On November 7, 2005, the parties jointly filed a stipulation and proposed Order extending 

Defendants’ response date from November 8, 2005 to December 8, 2005. Because 

Defendants anticipate filing a motion to dismiss this case (or, in the alternative, for summary 

Case 3:05-cv-05583-RJB Document 10 Filed 12/02/05 Page 2 of 4
JOINT MOTION & ORDER FOR STAY 

CASE NO. C05-5583RJB 

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 5. From the outset, the parties have worked cooperatively, and they bring this 

motion in good faith in an effort to conserve judicial resources, narrow the legal issues in 

dispute,2 and minimize litigation expenditures. 

 6. For all of these reasons, the parties ask this Court to stay all proceedings at 

this time and to schedule a telephonic status conference for the week of May 29, 2006,3 or at 

such other time as convenient for the Court, to discuss the status of this case and specifically 

to address whether the stay should continue or whether a briefing schedule on crossdispositive motions should be set. 

Respectfully submitted this 29th day of November, 2005. 

 ROB MCKENNA 

 Attorney General 

 s/ Sara J. Finlay 

 SARA J. FINLAY, WSBA #7821 

 Senior Counsel 

Attorney General of Washington 

905 Plum Street SE, Bldg.3 

PO Box 40108 

Olympia, WA 98504-0108 

Phone: (360) 586-2436 

Fax: (360) 586-3593 

E-Mail: saraf@atg.wa.gov

 Attorneys for Plaintiff 

 JOHN McKAY 

 United States Attorney 

 PETER D. KEISLER 

 Assistant Attorney General 

 VINCENT M. GARVEY 

 Deputy Branch Director 

 

judgment), they request relief from having to file any response until a schedule is set for 

cross-motion briefing after the stay is lifted. Plaintiffs concur with this request. 2

 For example, Plaintiff is considering dismissing the named Commissioners as 

defendants, leaving only Defense Secretary Rumsfeld as the defendant in this case. Staying 

proceedings will allow Plaintiff to further consider this. 3

 The parties picked a date roughly six months from now. 

Case 3:05-cv-05583-RJB Document 10 Filed 12/02/05 Page 3 of 4
JOINT MOTION & ORDER FOR STAY 

CASE NO. C05-5583RJB 

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s/ Matthew Lepore 

MATTHEW LEPORE, CA #201205 

Trial Attorney 

United States Department of Justice 

Civil Division, Federal Programs Branch 

PO Box 883 

Washington, D.C. 20044 

Phone: (202) 514-3770 

Fax: (202) 318-7601 

E-Mail: matthew.lepore@usdoj.gov 

Attorneys for Defendants 

IT IS SO ORDERED, this 2nd day of December, 2005. 

 A

ROBERT J. BRYAN 

United States District Judge 

Case 3:05-cv-05583-RJB Document 10 Filed 12/02/05 Page 4 of 4