Free Joint Status Report - District Court of Federal Claims - federal

Case 1:08-cv-00062-MCW

Document 25

Filed 04/04/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST RKR JOINT VENTURE, LLC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-62C (Judge Williams)

JOINT STATUS REPORT Pursuant the Court's March 19, 2008 oral order, the parties submit the following proposed schedule: 1) Defendant would file the documents with which the Court ordered defendant to supplement the administrative record on or before April 15, 2008. These documents are: 1) documents relied upon by Major General John W. Maluda in deciding plaintiff's administrative appeal; 2) documents relied upon by Major General William Lord in drafting his August 2, 2007 memorandum, AR 948; and 3) questions and answers.1 Defendant would file the supplemental record on CD-ROM, along with two paper courtesy copies for chambers. 2) Plaintiff would conduct the deposition of General Maluda by video conference on May 2, 2008, at 9 am EDT.2

While the Court did not technically order defendant to supplement the administrative record with the questions and answers, if the parties are going to be permitted to cite to them, which appears to be the case, the Government believes they should be a part of the administrative record. The parties are still trying to confirm the exact logistics of this video conference, but do not foresee any problems at this time.
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Case 1:08-cv-00062-MCW

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3)

Plaintiff would conduct the deposition of the contracting officer, Ron Mortag, on May 8, 2008, at 10 am CDT, at the offices of the Gardner Law Firm, 745 E. Mulberry Avenue, Suite 100, San Antonio, Texas 78212-3149.

4)

Plaintiff would file a partial motion for judgment upon the administrative record regarding the issue of whether the Air Force had a rational basis for cancelling Solicitation No. F41689-02-R-0049, on or before July 3, 2008.3

5)

Defendant would file a response to plaintiff's partial motion for judgment upon the administrative record, a motion to dismiss, and a cross-motion for judgment upon the administrative record on or before July 31, 2008.

6)

Plaintiff would file a reply in support of its partial motion for judgment upon the administrative record and a response to defendant's motion to dismiss and cross-motion for judgment upon the administrative record on or before August 21, 2008.

7)

Defendant would file a reply in support of its motion to dismiss and cross-motion for judgment upon the administrative record on or before September 4, 2008.

8)

Oral argument would be set at the Court's convenience.

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Plaintiff's counsel will be out of the country from May 23, 2008 through June 21, 2008. 2

Case 1:08-cv-00062-MCW

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Filed 04/04/2008

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Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Donald E. Kinner DONALD E. KINNER Assistant Director

/s/ David F. Barton David F. Barton, Attorney-in-Charge THE GARDNER LAW FIRM 745 E. Mulberry Avenue, Suite 100 San Antonio, Texas 78212-3149 Telephone: (210) 733-8191 Telecopier: (210) 733-5538

/s/ William P. Rayel WILLIAM P. RAYEL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel. (202) 616-0302 Fax. (202) 307-0972 Attorneys for Defendant

April 4, 2008

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