Free Scheduling Order - District Court of Federal Claims - federal

Case 1:07-cv-00280-LJB

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Filed 05/09/2007

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In the United States Court of Federal Claims
No. 07-280 C (May 9, 2007) ********************* IRONCLAD/EEI, A Joint Venture, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ********************* ORDER Plaintiff Ironclad/EEI, A Joint Venture filed its post-award bid protest complaint on May 4, 2007. The court held a telephonic status conference with counsel for plaintiff and defendant on May 7, 2007, wherein all agreed that plaintiff's action could be expediently resolved on the merits. Participating with the undersigned in the May 7, 2007 teleconference were: Kevin Cox, attorney for plaintiff; Carrie Dunsmore, attorney for defendant; Hilary LoCicero, law clerk. Plaintiff seeks permanent relief voiding a number of contracts awarded pursuant to RFP Solicitation W91278-06-R-0007. No injunctive relief has been requested.1 Following the telephonic conference, the parties were permitted to submit a joint status report which proposed a schedule for further proceedings in this matter.
/ At this time, the government has not advised the court as to whether any parties will intervene in this action. As soon as the government is able to make that determination, it should inform the court accordingly.
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Case 1:07-cv-00280-LJB

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On May 8, 2007, the parties filed a joint status report which anticipated the completion of briefing no later than October 30, 2007. Although the court generally attempts to accommodate the preferences of the parties in relation to such issues, the court finds that this protracted schedule is inappropriate given that the pending dispute has been characterized as a bid protest. A more reasonably expedited schedule is more appropriate in this instance. Accordingly, it is hereby ORDERED that: (1) Defendant shall FILE a bound copy of the Administrative Record, in paper format, on or before May 22, 2007; Plaintiff shall FILE a Motion for Judgment on the Administrative Record on or before June 21, 2007; Defendant shall FILE a Cross Motion for Judgment on the Administrative Record on or before July 23, 2007; Plaintiff shall FILE a Response to defendant's Cross Motion on or before August 2, 2007; Defendant shall FILE a Reply on or before August 13, 2007; Oral Argument shall be HELD on August 16, 2007 or August 17, 2007 at 11:00 a.m., eastern time. The parties shall CONFER and SELECT a date for Oral Argument, and shall notify the court of their choice in a Joint Status Report to be FILED on or before May 16, 2007; The parties shall EMAIL2 courtesy copies of all filings to chambers and to the other counsel, excepting the administrative record; The parties shall HAND DELIVER courtesy copies of all filings in excess of ten (10) pages to chambers by the close of

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business on the date on which said filing is due; and (9) Defendant shall NOTICE chambers by email when the administrative record has been filed.

Inasmuch as the parties have not requested issuance of a protective order, the court must assume that none is required and there will be no need to place any documents or pleadings under seal in this case. The court does not anticipate any requests for extensions of time, absent extraordinary circumstances. Finally, if the parties wish to pursue settlement discussions concurrent with the briefing schedule set forth herein, they are encouraged to do so.

s/ Lynn J. Bush LYNN J. BUSH Judge

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