Free Notice (Other) - District Court of Federal Claims - federal

Case 1:08-cv-00062-MCW

Document 30

Filed 05/16/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST RKR JOINT VENTURE, LLC A Mississippi Limited Liability Corporation Plaintiff, VS. THE UNITED STATES Defendant. § § § § § § § § §

NO. 08-CV-00062-MCW Judge Williams

ADVISORY TO THE COURT COMES NOW Plaintiff RKR JOINT VENTURE, LLC and files this its Advisory to the Court and states as follows: At the status conference of May 13, 2008, the Court questioned RKR as to the precise contours of the injunctive relief it seeks. Consistent with the representations made in response to the Court's questions, and in the interest of clarity, RKR is amending its complaint pursuant to Fed. R. Civ. P. 15(a) "as a matter of course." Defendant has not submitted a "responsive pleading" (a pleading within the meaning of Fed. R. Civ. P. 7(a)) to date. RKR's first amended complaint contains no new claims and more precisely defines the injunctive relief sought. No changes to the current scheduling orders in Dkt #s 26 and 29 are necessary. Supplementation and summary judgment briefing on the declaratory judgment issue (unlawful cancellation) can proceed without prejudice to Defendant. DATED May 16, 2008. Respectfully submitted, ____/s/________________________ David F. Barton State Bar No. 01853300 THE GARDNER LAW FIRM 745 E. Mulberry Avenue, Suite 100 San Antonio, Texas 78212-3149
ADVISORY TO THE COURT Page 1 of 2

Case 1:08-cv-00062-MCW

Document 30

Filed 05/16/2008

Page 2 of 2

Telephone: (210) 733-8191 Telecopier: (210) 733-5538 E-Mail: [email protected] ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been forwarded in compliance with the Federal Rules of Civil Procedure to all counsel of record as set out below, on this the 16th day of May, 2008, as follows: Will Rayel Trial Attorney National Courts Section Commercial Litigation Branch Civil Division Department of Justice 1100 L St., NW, Room 12100 Washington, DC 20530 (20005 for FedEx) phone: (202) 616-0302 facsimile: (202) 307-0972 VIA E-FILING

______/s/__________________________ DAVID F. BARTON

ADVISORY TO THE COURT Page 2 of 2