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UNITED STATES OF AMERICA, For The Use and Benefit of J.H. LYNCH SONS, INC., Plaintiff, v. TRAVELERS CASUALTY SURETY COMPANY OF AMERICA and HONEYWELL BUILDING SOLUTIONS SES CORP., Defendants.

ORDER

WILLIAM SMITH, District Judge

Defendants Travelers Casualty Surety Company of America ("Travelers") and Honeywell Building Solutions SES ("Honeywell") (collectively "Defendants") moved to dismiss this action brought by Plaintiff United States of America ex rel. J.H. Lynch Sons, Inc. ("Lynch"). In the alternative to dismissal, the Defendants asked the Court to stay this litigation pending a determination by the United States Navy on Honeywell's request for an equitable adjustment of the contract price for a contract they say includes Lynch's claim.

Defendants' motion to consolidate this matter with related case, United States ex rel. Arden Engineering Constructors, LLC v. Honeywell Building Solutions SES and Travelers Casualty Surety Company of America, C.A. No. 10-365 S, is also pending before this Court. (See Def.'s Mot. to Consolidate (ECF No. 7).)

After a hearing was held on this motion, among other motions, the Court received a letter from Lynch indicating that it was willing to enter into a stipulation with Defendants for a sixty day stay of litigation. (Letter from L. McCarthy, III, Counsel to J.H. Lynch Sons, Inc., to the Hon. William E. Smith (Dec. 10, 2010) at 1.)

Having heard no objection from Defendants, this action is hereby STAYED for a period of sixty (60) days. This order will be effective nunc pro tunc as of December 10, 2010, the date of Plaintiff's letter.

IT IS SO ORDERED.

Date: January 5, 2011

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U.S. v. TRAVELERS CASUALTY SURETY COMPANY OF AMERICA
(Jan 5, 2011)