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EFTA02753927

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Case 9:08-cv-80736-KAM Document 182 Entered on FLSD Docket 12/21/2012 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 and JANE DOE #2, Petitioners, vs. UNITED STATES, Respondent. RESPONDENT'S RESPONSE TO PETITIONERS' MOTION FOR A PROMPT RULING DENYING GOVERNMENT'S MOTION TO STAY Respondent United States of America, by and through its undersigned counsel, files its Response to Petitioners' Motion for a Prompt Ruling Denying Government's Motion to Stay, and states: The government filed its motion to stay discovery on November 7, 2011. The motion was premised upon the government filing a motion to dismiss for lack of subject matter jurisdiction, also filed on November 7, 2011. Petitioners filed their opposition to both motions, and the government filed its replies. Now the petitioners ask the Court to deny the motion to stay, claiming that "(t)he practical effect of a lack of a ruling on that motion has been to effectively grant the stay." D.E. 179 at 1. The government sought a stay of discovery because it had filed a motion to dismiss challenging this Court's subject matter jurisdiction. The Government argued that resolution of the threshold jurisdictional question should occur before requiring the parties and the Court to expend time and resources in the discovery process. That argument remains valid. EFTA02753927

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