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

Case 1:07-cv-00073-FMA

Document 10

Filed 01/31/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ARINC ENGINEERING SERVICES, LLC Plaintiff, v. UNITED STATES, Defendant, BAE Systems Analytical Solutions, Inc., Interested Party

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Case No. 07-73C (Judge Allegra)

AWARDEE's MOTION TO INTERVENE AS OF RIGHT
BAE Systems Analytical Solutions, Inc. ("BAE Systems") respectfully moves this Court, pursuant to Rule of the Court of Federal Claims 24(a), for permission to intervene as of right in this case as a defendant. BAE Systems is the awardee of a contract awarded under Solicitation Number W91260-06-R-0005, which is the subject of this action. Granting the preliminary injunction and declaratory relief requested by Plaintiff would impair BAE Systems from continuing performance of the contract and lead to substantial harm. Accordingly, BAE Systems has a clear interest in the subject matter of this action and its interests are not adequately represented by the existing parties.

Case 1:07-cv-00073-FMA

Document 10

Filed 01/31/2007

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Thus, for these reasons as well as the additional reasons stated in the attached Memorandum of Points and Authorities, the Court should grant BAE Systems' Motion and allow BAE Systems to intervene as of right in this case as a party defendant. Dated: January 31, 2007 Respectfully submitted,

s/ Drew Harker Drew A. Harker ARNOLD & PORTER 555 Twelfth Street, N.W. Washington, D.C. 20004 Tel: (202) 942-5022 Fax: (202) 942-5999 Attorney of Record for BAE Systems Analytical Solutions, Inc. Of Counsel: Matthew H. Solomson Jill R. Newell* ARNOLD & PORTER 555 Twelfth Street, N.W. Washington, D.C. 20004-1206 Tel: (202) 942-5000 Fax: (202) 942-5999 *Admitted only in Virginia; practicing law in the District of Columbia pending approval of application for admission to the D.C. Bar and under the supervision of principals of the firm who are members in good standing of the D.C. Bar.

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Case 1:07-cv-00073-FMA

Document 10

Filed 01/31/2007

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CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the foregoing Awardee's Motion To Intervene As of Right, and the Memorandum of Points and Authorities in Support of Awardee's Motion to Intervene as of Right, to be served this 31st day of January, 2007, by electronic mail on the following: William T. Welch, Esq. BARTON, BAKER, McMAHON & TOLLE, LLP 1320 Old Chain Bridge Road, Suite 440 McLean, Virginia 22101 Tel: (703) 448-1810 (ex. 22) Fax: (703) 448-3336 Counsel for Plaintiff

Michael Dierberg, Esq. U.S. DEPARTMENT OF JUSTICE Civil Litigation Division Commercial Litigation Branch 1100 L Street, N.W. Washington, D.C. 20530 Counsel for Defendant

s/ Jill Newell Jill R. Newell

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