The company and Cardinal have asked that the lawsuit not proceed until the committee has completed its work.
The lawsuit between National and Fawcett proceeded for seven years before trial finally began in 1948.
Judge Solomon wisely decided last week that the lawsuit should proceed at least on some of these counts.
Now that the City has been dismissed from the lawsuit, the lawsuit will proceed only against the federal government.
"None of these changes have affected the way in which any lawsuit has proceeded," she said, "but I believe they send an important signal."
The lawsuit is proceeding against three manufacturers that did not settle.
But when she called them again on September 23, Straw declined the offer and was told that the lawsuit against her would proceed.
The damage has already been done by the president's decision to ignore the law, and the lawsuits should proceed.
A lawsuit filed by other state legislators to block the plan is still proceeding, however.
Justice Scalia's opinion said that to this extent, the lawsuit could proceed.