Free Status Report - District Court of Federal Claims - federal

Case 1:99-cv-00194-EGB

Document 98

Filed 02/27/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARKETING AND MANAGEMENT INFORMATION, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 99-194C (Judge Bruggink)

DEFENDANT'S STATUS REPORT Defendant submits this status report in response to the Court's scheduling order dated October 30, 2003, as amended on January 13, 2004. Defendant states that it anticipates calling

Mr. Thomas W. Bragg to testify at trial concerning the issues of (1) whether the Solicitation DECA-94-R-0068 required the use of automatic data processing equipment (ADPE) as contemplated by the Brooks Act, 40 U.S.C. § 759, and (2) if so, what was the value of the ADPE. Mr. Bragg testified on behalf of the protesters in

connection with A.C. Nielsen Co. et al. v. Defense Commissary Agency, GSBCA Nos. 13466-P, 13469-P, and 13470-P, and prepared two affidavits in connection with that testimony. As of this

time, Mr. Bragg does not anticipate revising this testimony. However, he will review the relevant documents in connection with that proceeding and any documents subsequently developed to determine whether he will be required to revise his testimony in the context of these proceedings. In addition, Mr. Bragg may

offer testimony that is within his field of expertise in the

Case 1:99-cv-00194-EGB

Document 98

Filed 02/27/2004

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context of the damages phase of his case, should such testimony be pertinent. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director /s/ Sheryl Floyd SHERYL FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0282 Attorneys for Defendant FEBRUARY 27, 2004

OF COUNSEL: THOMAS D. RATHGEB Office of General Counsel Defense Commissary Agency Fort Lee, VA 23801-1800

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Case 1:99-cv-00194-EGB

Document 98

Filed 02/27/2004

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CERTIFICATE OF FILING I hereby certify that on 27th day of FEBRUARY, 2004, a copy of the "DEFENDANT'S STATUS REPORT" was filed electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. may access this filing through the Court's system. Parties

/s/ Sheryl L. Floyd Sheryl L. Floyd