Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:07-cv-00073-FMA

Document 47

Filed 05/17/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ARINC ENGINEERING SERVICES, LLC ) ) Plaintiff, ) ) v. ) No. 07-073 ) (Judge Allegra) THE UNITED STATES, ) ) Defendant, and ) ) BAE SYSTEMS ANALYTICAL ) SOLUTIONS, INC., ) ) Defendant-Intervenor. ) ____________________________________)

DEFENDANT'S AND DEFENDANT-INTERVENOR'S JOINT MOTION SEEKING LEAVE OF THE COURT TO FILE RESPONSES TO PLAINTIFF'S MAY 15, 2007 SUPPLEMENTAL BRIEF The United States and Defendant-intervenor BAE Systems Analytical Solutions, Inc. ("BAE Systems") hereby respectfully submit this joint motion for leave of court to file responses to the supplemental brief filed by plaintiff ARINC Engineering Services, LLC's ("ARINC") on May 15, 2007. By order dated April 23, 2007, the Court required defendant and defendantintervenor to search for additional documents to supplement the administrative record, and to produce any such documents on or before May 11, 2007. The parties filed any responsive documents on May 11, 2007. Without seeking leave of the Court, ARINC filed a supplemental brief on May 15, 2007, styled as "Plaintiff's Reply To The Government's and Intervenor's Responses To This Court's

Case 1:07-cv-00073-FMA

Document 47

Filed 05/17/2007

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Order Dated April 23, 2007."1 In this supplemental brief, ARINC mischaracterizes the facts based upon its misreading of the documents provided by the Government. In order to rectify these mischaracterizations, the Government and BAE respectfully request leave of the Court to file a response to ARINC's supplemental brief on or before May 23, 2007.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director /s/ Michael J. Dierberg MICHAEL J. DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St. NW Washington, DC 20530 Telephone: (202) 353-0536 Facsimile: (202) 305-7643 Attorneys for Defendant

Of Counsel: LTC FRANK A. MARCH Department of the Army Contract Appeals Division, Team I Attn: JALS-KFLD 901 North Stuart Street, Suite 500 Arlington, VA 22203-1837

May 17, 2007

The Court during oral argument on April 23, 2007 suggested that supplemental briefing may be permitted to address any additional documents provided by the Government or BAE, but invited the parties to contact the Court if they wished to file a supplemental brief addressing these documents. -2-

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Case 1:07-cv-00073-FMA

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/s/ Drew A. Harker DREW A. HARKER Arnold & Porter LLP 555 Twelfth Street, N.W. Washington, D.C. 20004 Tel: (202) 942-5022 Fax: (202) 942-5999 May 17, 2007 Attorney for BAE Systems Analytical Solutions, Inc.

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