Free Stipulation of Dismissal - District Court of Federal Claims - federal


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Date: December 10, 2007
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Case 1:07-cv-00711-NBF

Document 14

Filed 12/10/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST ALLEN CORPORATION OF AMERICA INC., Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 07-711C (Judge Firestone)

JOINT STIPULATION OF DISMISSAL IN CASE NO. 07-711C Pursuant to Rule 41(a)(1) of the Rules of the Court of Federal Claims, plaintiff, Allen Corporation of America, Inc. ("Allen") and defendant, the United States ("Government") (collectively, the "Parties") agree to the voluntary dismissal of Case No. 07-711C without prejudice, with each party to bear its own costs, attorney fees, and expenses. The Army has decided to take voluntary corrective action to amend the solicitation, conduct meaningful discussions with the competitors, request final proposal revisions from all competitors, and prepare a new source selection decision by March 2008. In taking this voluntary remedial action, the Army has not admitted or conceded the validity of any portion of Allen's complaint. This requested dismissal will not affect Allen's right to file another complaint alleging that the Army's corrective action is insufficient and/or the new source selection decision is arbitrary and capricious or otherwise not in accordance with the law. .

Case 1:07-cv-00711-NBF

Document 14

Filed 12/10/2007

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Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General /s/Ronald K. Henry RONALD K. HENRY Kaye Scholer, LLP 901 15th Street, N.W. Suite 1100 Washington, D.C. 20005 Telephone: (202)-682-3500 Facsimile: (202) 682-3580 Attorney for Plaintiff /s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director /s/Jane C. Dempsey JANE C. DEMPSEY Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L St., N.W. ATTN: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 353-0897 Facsimile: (202) 307-0972

JEANNE E. DAVIDSON Director

December 10, 2007

Attorneys for Defendant

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