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

Case 1:07-cv-00280-LJB

Document 13

Filed 05/21/2007

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In the United States Court of Federal Claims
No. 07-280 C (May 21, 2007)1 ********************* IRONCLAD/EEI, A Joint Venture, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant, * * CAMPBELL ROOFING & * CONSTRUCTION, INC., * * MGC/CAMPBELL ROOFING & * CONSTRUCTION, INC., * * Intervenor-defendants. * ********************* AMENDED SCHEDULING ORDER Plaintiff Ironclad/EEI, A Joint Venture filed its post-award bid protest complaint on May 4, 2007. Plaintiff seeks permanent relief voiding a number of contracts awarded pursuant to RFP Solicitation W91278-06-R-0007. No injunctive relief has been requested. On May 9, 2007, the court issued a scheduling order directing the parties to file dispositive motions in order to resolve this matter on the merits.

/ On May 18, 2007, the parties may have received an e-mail copy of an Order related to this matter. That Order has been voided and is hereby replaced by this Amended Scheduling Order dated May 21, 2007.

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Case 1:07-cv-00280-LJB

Document 13

Filed 05/21/2007

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On May 17, 2007, Campbell Roofing & Construction, Inc. (Campbell) and MGC/Campbell Roofing & Construction, Inc. (MGC/Campbell) filed motions to intervene in this action. Both Campbell and MGC/Campbell were awarded one of the contracts challenged in this suit. Counsel for Campbell and MGC/Campbell has notified the court that the motions to intervene are unopposed. Thus, the court grants both motions and directs the intervenor-defendants to file briefing in accordance with the dates set forth in the existing scheduling order, none of which shall be amended as a result of these interventions. As the parties have been previously advised, absent extraordinary circumstances, the court will not entertain any request for an enlargement of time in the schedule. The court is unaware of any additional parties that might wish to intervene and the government is advised that at this late date it would appear inappropriate to attempt to add additional intervenor-defendants. In the event an additional party would make such a request, the parties are warned that the current schedule will not be extended. On May 18, 2007, the United States filed an unopposed motion for a protective order in this matter. That motion is also granted. Accordingly, it is hereby ORDERED that: (1) Campbell Roofing & Construction, Inc.'s Motion to Intervene, filed May 17, 2007, is GRANTED; MGC/Campbell Roofing & Construction, Inc.'s Motion to Intervene, filed May 17, 2007, is GRANTED; Defendant's Motion for a Protective Order, filed May 18, 2007, is GRANTED; 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 and intervenor-defendants shall FILE Cross Motions for Judgment on the Administrative Record on or before July 23, 2007;
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Case 1:07-cv-00280-LJB

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Filed 05/21/2007

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(7)

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 EMAIL2 courtesy copies of all filings to chambers and to the other counsel, excepting the administrative record; (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; and (13) Defendant shall NOTICE chambers by email when the administrative record has been filed.

s/ Lynn J. Bush LYNN J. BUSH Judge

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