Free Scheduling Order - District Court of Federal Claims - federal

Case 1:07-cv-00714-GWM

Document 7

Filed 10/05/2007

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In the United States Court of Federal Claims
MASAI TECHNOLOGIES CORP., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ORDER The Court and counsel for plaintiff, defendant, the awardee (Denysys Corporation), and the agency (Department of the Army) participated in an initial telephonic scheduling conference in this post-award bid protest action on Friday, October 5, 2007. Consistent with the discussion at that conference, the Court does hereby ORDER that: 1) Defendant shall file and serve the administrative record ("AR") relating to the award of the contract under Solicitation W81XWH-06-T-02857 by Friday, October 12, 2007. Defendant may file and served the AR in paper form or on CD-ROM. 2) If plaintiff wishes to contest the adequacy of the AR, plaintiff's counsel shall notify chambers and opposing counsel by Monday, October 15, 2007, and the Court will arrange a telephonic conference among counsel to consider plaintiff's position and its impact, if any, on the briefing schedule set forth herein. 3) The parties shall file and serve cross-motions for judgment on the AR pursuant to Rule 52.1 of the Rules of the United States Court of Federal Claims ("RCFC") no later than 5 p.m. EST on Friday, October 19, 2007. 4) The parties shall file and serve oppositions to the motions of their adversaries no later than 5 p.m. EST on Monday, October 29, 2007. 5) The Court will hold a hearing on the parties' cross-motions on Friday, November 2, 2007 at 9:30 a.m. EST at the National Courts Building, 717 Madison Place, N.W., Washington, D.C.

No. 07-714 C Filed October 5, 2007

Case 1:07-cv-00714-GWM

Document 7

Filed 10/05/2007

Page 2 of 2

As the foregoing schedule indicates, and as the Court stated at the preliminary scheduling conference, the Court contemplates issuing its ruling on the merits during the week of November 5, 2007. The Court contemplates that the hearing on November 2, 2007 will effectively combine the hearing on the motion for preliminary injunction with the trial on the merits. See RCFC 65(a)(2). If the foregoing schedule is delayed, or in the event of unforeseen circumstances, the Court may rule on plaintiff's motion for a preliminary injunction prior to November 5, 2007 and defer ruling on the parties' cross-motions for judgment on the AR until a later date.

IT IS SO ORDERED.

s/ George W. Miller GEORGE W. MILLER Judge

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