Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:08-cv-00062-MCW

Document 17

Filed 03/04/2008

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

RKR'S MOTION FOR LEAVE TO FILE SURREPLY TO THE HONORABLE JUDGE OF THE U.S. COURT OF FEDERAL CLAIMS: Plaintiff RKR JOINT VENTURE, LLC ("RKR") files this its Motion for Leave to file Surreply to Defendant's Surresponse (Dkt #14) regarding RKR's Motion for Leave to Supplement the Administrative Record (Dkt #11), and would show as follows: Leave for RKR to file the attached Surreply is requested for the following reasons: 1. The government's argument with respect to the solicitation and its inclusion or exclusion of AFNETOPs as a configuration change continues to evolve, requiring reply. The government now alleges that a significance test as to effect can supplant the solicitation itself. That assumes conclusions regarding the solicitation and the cause of those effects that the government has not proven, namely, that AFNETOPs is not an anticipated configuration change to occur during the life of the contract under the solicitation, and that the scope of anticipated configuration changes is something narrower. See attached Surreply at ¶ 1-4 & n.1-2; see Dkt #15-2 at 2, 5, n.2, & n.5. 2. The government introduces additional case law which is not on point, requiring reply. See attached Surreply at ¶ 6, Dkt #15 at 8-9.

RKR motion for leave to file surreply Page 1 of 2

Case 1:08-cv-00062-MCW

Document 17

Filed 03/04/2008

Page 2 of 2

For the foregoing reasons, RKR requests that the Court grant this motion and deem the attached brief filed. A proposed order is attached. DATED March 4, 2008 Respectfully submitted,

________/s/____________________ David F. Barton, Attorney-in-Charge State Bar No. 01853300 THE GARDNER LAW FIRM 745 E. Mulberry Avenue, Suite 100 San Antonio, Texas 78212-3149 Telephone: (210) 733-8191 Telecopier: (210) 733-5538 E-Mail: [email protected]

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 4th day of March, 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

RKR motion for leave to file surreply Page 2 of 2