Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00582-MBH

Document 39

Filed 01/30/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Number: 05-582C (Judge Horn) Filed: January 30, 2008 ********************************** AVTEL SERVICES, INC., * Plaintiff/Appellant, * * v. * * UNITED STATES, * Defendant/Appellee, * * and * * KING AEROSPACE, INC., * Defendant/Intervenor. * **********************************

Pre-Award and Post-Award Bid Protests; Disqualification of Offeror Bias; Price Analysis; Injunctive Relief

STATUS REPORT AND PROPOSAL FOR CONTINUED PROTECTION OF ORDER AND ADMINISTRATIVE RECORD

Comes now, the Plaintiff/Appellant, Avtel Services, Inc., pursuant to this Court's September 5, 2007 Order, and makes the following status report and proposal: On August 21, 2007, the United States Court of Appeals for the Federal Circuit entered a decision in the appeal of above-styled action (Case No. 06-5060), dismissing the action for want of jurisdiction. On September 14, 2007, the

Plaintiff/Appellant, Avtel Services, Inc., filed a Petition for Rehearing En Banc. The Plaintiff/Appellant's Petition for Rehearing En Banc was denied on October 25, 2007. The Plaintiff/Appellant's opportunity to appeal the decision of the
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Case 1:05-cv-00582-MBH

Document 39

Filed 01/30/2008

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Federal Circuit expired on January 25, 2008.

Thus the Plaintiff/Appellant's

appellate remedies in the above-styled action have been exhausted. The Plaintiff/Appellant does not require or request that this Court continue protection of the Opinion or Administrative Record in the above-styled action. The Plaintiff/Appellant has communicated its position to the Defendant/Appellee, King Aerospace, Inc., by and through its attorney of record, Marshall Doke. The Defendant/Appellee has not indicated whether or not it will consent to the cessation of protection of the Opinion and Administrative Record in the abovestyled action. Therefore, due to the time constraints of the Court's Order, and because the Plaintiff/Appellant does not desire continued protection of the record in the above-styled action, it hereby gives its consent to any proposal levied by the Defendant/Appellee, King Aerospace, Inc., in pursuit of continued protection for the Opinion and Administrative Record. The above is respectfully submitted on this the 30th day of January, 2008.

/s/ Howell Roger Riggs______________ Howell Roger Riggs Attorney for the Plaintiff/Appellant

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Case 1:05-cv-00582-MBH

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Filed 01/30/2008

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OF COUNSEL: Dick Riggs Miller LLP 200 Clinton Avenue West Regions Center, Suite 1050 Huntsville, Alabama 35801 Telephone: (256) 564-7317 Facsimile: (256) 564-7319 [email protected]

Certificate of Service I hereby certify that I have served a copy of the foregoing Status Report and Proposal upon the following persons, by placing the same in the custody of the U.S. Mail, postage prepaid and properly addressed to: Elizabeth Holt Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Marshall J. Doke, Jr. Gardere, Wynn, Sewell, L.L.P. 1601 Elm Street Dallas, Texas 75201-4761

Certified on this the 30th day of January, 2008.

/s/ Howell Roger Riggs______________ Howell Roger Riggs

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