Free Motion to Strike - District Court of Federal Claims - federal

Case 1:07-cv-00740-LMB

Document 43

Filed 01/10/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (BID PROTEST) CALIFORNIA INDUSTRIAL FACILITIES RESOURCES, INC. dba CAMSS SHELTERS, Plaintiff, v. THE UNITED STATES, Defendant, v. ALASKA STRUCTURES,INC., Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07-740 (Judge Lawrence M. Baskir)

DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S CROSS-MOTION FOR JUDGMENT UPON THE ADMINISTRATIVE RECORD Defendant, the United States, respectfully moves to strike portions of plaintiff's crossmotion for judgment upon the administrative record for failure to comply with the Court's October 24, 2007 special procedures order ("order"). Paragraph 9 of the Court's order specifically instructs the parties "to jointly submit a Consolidated Statement of Facts (CSF) drawing upon and citing to portions of the Administrative Record that bear upon the issues presented to the Court," and that "[t]he parties should NOT file individual Statements and Counter-Statement[s] of Fact." Order, dated October 24, 2007 (emphasis in original). The Government, following the Court's instructions, intentionally omitted including a statement of facts in its motion for judgment upon the administrative record and supporting brief. Plaintiff, on the other hand, ignored the Court's order and included a 15page statement of facts in its brief. Pl. Br. at 2-17.

Case 1:07-cv-00740-LMB

Document 43

Filed 01/10/2008

Page 2 of 2

To allow plaintiff to submit an individual statement of facts in its brief is extremely prejudicial to the Government, who was not provided the same opportunity. Accordingly, the Court should either strike the section titled, "Statement of the Case," on pages 2 through 17 of plaintiff's brief or exempt the Government from paragraph 9 of the Court's order and provide the Government with an opportunity to submit its own individual statement of facts. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director OF COUNSEL: Christy J. Kisner, Capt., USAF Department of the Air Force 1501 Wilson Blvd. Arlington, VA 22209 s/Marla T. Conneely MARLA T. CONNEELY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-3689 Fax: (202) 305-7643

January 10, 2008

Attorneys for Defendant