Free Order on Motion to Intervene - District Court of Federal Claims - federal

Case 1:07-cv-00280-LJB

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In the United States Court of Federal Claims
No. 07-280 C (June 28, 2007) ********************* IRONCLAD/EEI, A Joint Venture, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant, * * CAMPBELL ROOFING & * CONSTRUCTION, INC., * * MGC/CAMPBELL ROOFING & * CONSTRUCTION, INC., * * CROWN ROOFING SERVICES, * INC., and * * R.L. CAMPBELL ROOFING * COMPANY, INC. * * Intervenor-defendants. * ********************* ORDER On June 26, 2007, Crown Roofing Services, Inc. (Crown Roofing) and R.L. Campbell Roofing Company, Inc. (R.L. Campbell) filed a Motion to Intervene on Behalf of Crown Roofing Services, Inc. and R.L. Campbell Roofing Company, Inc.
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Both Crown Roofing and R.L. Campbell were awarded contracts which are the subject of this lawsuit. Thus, the court recognizes the interest that the contract awardees have in the instant case. Counsel for the United States has informed the court that Crown Roofing and R.L. Campbell were notified of the existence of this bid protest as early as May 14, 2007. The proposed intervenors nevertheless delayed the filing of the current motion for approximately six weeks. No explanation for this excessive delay was offered. Counsel for plaintiff and defendant have notified the court, however, that the requests to intervene are unopposed. In addition, the proposed intervenors have stated in their motion that they shall comply with the scheduling order currently in place in this matter. Solely because the proposed intervenors have agreed to meet those deadlines, the court grants the motion to intervene, despite the delay in the filing of the motion. Crown Roofing and R.L. Campbell must file briefing in accordance with the dates set forth in the existing scheduling order in this case, as a condition to being permitted to intervene at this late date. Without exception, the court will not entertain any request for an enlargement of time in the established schedule of this bid protest, nor will any additional requests for intervention be granted to any awardee that received timely notification of this protest action. In addition, the new intervenors are reminded that, pursuant to the Protective Order already in place in this action, the following prerequisites must be satisfied before a party may obtain access to protected material: To be granted access to protected information, any such person shall first read this Protective Order and, if an attorney, execute a copy of the Application for Access to Information Under Protective Order by Inside or Outside Counsel (Form 9) or, if a consultant or expert, execute a copy of the Application for Access to Information Under Protective Order by a Consultant or Expert (Form 10). The party seeking to have such person granted access shall then provide a copy of the executed Application to each other party. Such person shall, without further action by the court, be permitted access to protected information at the close of the second business day after the other parties have received the Application, unless, in
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the interim, any party informs the requesting party of an objection. If the parties are unable to reach agreement regarding an objection, the party seeking access may present the matter to the court. Such person shall not be given access unless and until the court authorizes such access. Protective Order at 2-3. Crown Roofing and R.L. Campbell are urged to take the necessary steps to gain access to protected information at the earliest possible time, to ensure their compliance with the filing deadlines already in place. Additionally, for the convenience of the new intervenors, the established schedule, to which Crown Roofing and R.L. Campbell must adhere, is quoted below: (6) Defendant and intervenor-defendants shall FILE Cross Motions for Judgment on the Administrative Record on or before July 23, 2007; Plaintiff shall FILE a Response to the Cross Motions on or before August 2, 2007; Defendant and intervenor-defendants shall FILE Replies on or before August 13, 2007; Oral Argument shall be HELD on August 17, 2007 at 11:00 a.m., eastern time at the United States Court of Federal Claims, National Courts Building, 717 Madison Place, N.W., Washington, D.C. The location of the courtroom will be posted on the directory in the lobby;

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(10) The parties shall EMAIL1 courtesy copies of all filings to chambers and to the other counsel, excepting the administrative record;

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(11) The parties shall HAND DELIVER courtesy copies of all filings in excess of ten (10) pages to chambers by the close of business on the date on which said filing is due; and (12) Documents or pleadings filed under seal shall not be filed electronically in this case, but shall be filed in paper format with the Clerk's office . . . Court's Amended Scheduling Order 5/21/2007. For the foregoing reasons, it is hereby ORDERED that the Motion to Intervene on Behalf of Crown Roofing Services, Inc. and R.L. Campbell Roofing Company, Inc. is GRANTED, and the previously issued schedule as reiterated above remains in effect.

s/ Lynn J. Bush LYNN J. BUSH Judge

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