Free Motion to Supplement the Administrative Record - District Court of Federal Claims - federal

Case 1:07-cv-00724-EGB

Document 25

Filed 11/08/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ERACENT, INC., Plaintiff, v. THE UNITED STATES, Defendant; and DLT SOLUTIONS, INC. Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Bid Protest No. 07-724C (Judge Bruggink)

DEFENDANT'S MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD Defendant, the United States, respectfully requests leave of the Court to supplement the administrative record in this case with the attached supplemental declaration of Alice Lawaetz. As discussed at oral argument on November 6, 2007, Ms. Lawaetz's declaration is responsive to the supplemental declaration of Walter Szablowski filed by plaintiff, Eracent, Inc. ("Eracent"), on November 2, 2007, and may assist the Court's understanding of some of the technical issues involved in this matter. See Mike Hooks, Inc. v. United States, 39 Fed. Cl. 147, 158 (1997) (supplementation appropriate to aid court in understanding "the highly technical nature of the issues") (citing Esch v. Yeutter, 876 F.2d 976, 991 (D.C. Cir.1989)). Because neither counsel for Eracent nor counsel for the intervenor, DLT Solutions, Inc., objected to this motion at oral argument, we understand it to be unopposed. For these reasons, we respectfully request that the Court grant our motion for leave to supplement the administrative record.

Case 1:07-cv-00724-EGB

Document 25

Filed 11/08/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Todd M. Hughes TODD M. HUGHES Deputy Director Of Counsel: LORI A. SMITH Counsel Department of the Navy Naval Inventory Control Point 5450 Carlisle Pike Mechanicsburg, PA 17055 s/Allison Kidd-Miller ALLISON KIDD-MILLER 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) 305-3020 Fax: (202) 307-0972 Attorneys for Defendant

November 8, 2007

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Case 1:07-cv-00724-EGB

Document 25

Filed 11/08/2007

Page 3 of 3

CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 8th day of November, 2007, a copy of the foregoing "DEFENDANT'S MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Allison Kidd-Miller