Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:08-cv-00177-RHH

Document 7-2

Filed 03/25/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

MED TRENDS, INC. 1700 Rockville Pike, Suite 400 Rockville, MD 20852 Plaintiff, v. UNITED STATES OF AMERICA Defendant

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No.: 08-177 C

JOINT AGREED SCHEDULING ORDER On March 17, 2008, the plaintiff filed its Complaint and Motion for Preliminary Injunction in this bid protest matter. At the Court's request, plaintiff's counsel and defendant's counsel conferred the necessity for a separate hearing on the plaintiff's motion for preliminary injunction and a proposed schedule. Subsequently, the parties agreed (1) that the defendant will stay performance of the contract at issue pending final resolution of this protest, (2) that the plaintiff's motion for preliminary injunction shall be and is hereby withdrawn, and (3) the plaintiff's protest shall be considered on the merits of the plaintiff's Complaint for Injunctive and Declaratory Relief. The parties have agreed at this time that the matter will be considered on the written record without the need for any discovery. The parties have agreed and the court adopts the following schedule for resolution of the merits of the plaintiff's Complaint: 1. On or before March 27, 2008, plaintiff shall file an Agreed Protective Order, in accordance with RCFC Appendix C, PROCEDURE IN PROCUREMENT PROTEST CASES ¶ 16. 2. On or before March 31, 2008, defendant shall file the administrative record in accordance with RCFC Appendix C, PROCEDURE IN PROCUREMENT PROTEST CASES Section VI, ¶¶ 21-24.

Case 1:08-cv-00177-RHH

Document 7-2

Filed 03/25/2008

Page 2 of 2

3. On or before April 7, 2008, plaintiff and/or defendant shall file their designation of additional documents that were before the agency that should be added to the administrative record or, if necessary, a motion to supplement the record regarding documents that were not before the agency; 4. On or before April 14, 2008, plaintiff shall file its motion for judgment on the administrative record; 5. On or before May 5, 2008, defendant shall file its cross-motion for judgment on the administrative record and its response to plaintiff's motion; 6. On or before May 14, 2008, plaintiff shall file its response to defendant's motion and its reply in support of its motion for judgment on the administrative record; 7. On or before May 23, 2008, defendant shall file its reply in support of its cross-motion for judgment on the administrative record; and 8. Upon the plaintiff's request that oral argument be held, oral argument on these motions will be held on at the United States Court of Federal Claims,National Courts Building, 717 Madison Place NW, Washington, D.C.20005. The courtroom location will be posted in the lobby on the day of oral argument. 9. Defendant shall not be required to file an Answer to the plaintiff's Complaint in this matter. IT IS SO ORDERED.

Judge Robert H. Hodges, Jr. U.S. Court of Federal Claims