Free Scheduling Order - District Court of Federal Claims - federal

Case 1:08-cv-00192-GWM

Document 14

Filed 03/24/2008

Page 1 of 2

In the United States Court of Federal Claims
HALLMARK PHOENIX 3, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 08-192 C Filed March 24, 2008

ORDER The Court and counsel for plaintiff, defendant, and the agency (United States Air Force) participated in initial telephonic scheduling conferences in this pre-award bid protest action on Friday, March 21, 2008 and Monday, March 24, 2008. Consistent with the discussion at those scheduling conferences, the Court does hereby ORDER that: 1) Pursuant to the Court's request at the March 21, 2008 status conference, the Air Force has agreed to extend the deadline for submission of price proposals under Solicitation FA252107-R-8506 from March 25, 2008 until April 25, 2008. In light of that extension, the Court will defer ruling on plaintiff's motions for TRO and preliminary injunction anticipating that they will be rendered moot by the Court's decision on the merits. Such deferral is without prejudice to plaintiff's renewing such motions should defendant fail to maintain the status quo pending the Court's decision on the merits. 2) Plaintiff's complaint, including the affidavit of Mr. Gary J. Giarratano (Attachment A to plaintiff's complaint, docket entry 1), its motions for TRO and preliminary injunction (docket entry 9), and plaintiff's supporting memorandum (docket entry 10), filed March 20, 2008, shall be deemed to constitute a motion by plaintiff for judgment on the administrative record pursuant to Rule 52.1(b) of the Rules of the Court of Federal Claims ("RCFC"). 3) Defendant shall file its opposition to plaintiff's motion and any cross-motion it may wish to file no later than March 31, 2008. 4) Defendant shall file the Administrative Record ("AR") no later than March 31, 2008. If plaintiff wishes to contest the adequacy of the AR, plaintiff's counsel shall notify chambers

Case 1:08-cv-00192-GWM

Document 14

Filed 03/24/2008

Page 2 of 2

and opposing counsel, and the Court will arrange a telephonic conference among counsel to consider plaintiff's position and its impact, if any, on the briefing schedule set forth herein 5) Plaintiff shall file its opposition to defendant's cross-motion and its reply in support of its motion no later than April 7, 2008. 6) The Court will hold a hearing on the parties' cross-motions on April 9, 2008 at 9:30 a.m. at the National Courts Building, 777 Madison Place, N.W., Washington, D.C. 20005. 7) In view of the extension described in paragraph 1, the Court anticipates filing a written decision on the merits on or before April 16, 2008. 8) The Court contemplates that the hearing on April 9, 2008 will effectively combine the hearing on the motion for preliminary injunction with the trial on the merits. See RCFC 65(a)(2). If the foregoing schedule is delayed, or in the event of unforeseen circumstances, the Court may rule on plaintiff's motions for TRO and preliminary injunction prior to April 9, 2008 and defer ruling on the parties' cross-motions.
IT IS SO ORDERED.

s/ George W. Miller GEORGE W. MILLER Judge

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