Free Scheduling Order - District Court of Federal Claims - federal

Case 1:08-cv-00352-LJB

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Filed 05/28/2008

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In the United States Court of Federal Claim
No. 08-352 C (Filed May 28, 2008) ********************* TIP TOP CONSTRUCTION, INC. * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ********************* ORDER On May 27, 2008, the court conducted a telephonic conference call to determine whether the parties had completed supplementation of the administrative record, and if so, to revise the briefing schedule. Participating with the undersigned in May 27, 2008 teleconference were: Michael A. Gordon, counsel for plaintiff; Amanda Tantum, counsel for defendant; Cheryl Mpande, law clerk. Both counsel informed the court that supplementation of the administrative record shall be completed by May 28, 2008, and a copy of the supplemented documents shall be filed on that date. Defendant's counsel asserts that, at this juncture, the government has provided all responsive documents to plaintiff, except for the metadata which is unretrievable. Plaintiff asserts that if the government is representing that there are no more responsive documents relating to the subject matter, then plaintiff agrees this supplement completes the administrative record. Because of the time taken to supplement the administrative record, counsel have agreed to the revised briefing schedule set forth below. Also as previously

Case 1:08-cv-00352-LJB

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ordered on May 19, 2008, the agency, during the pendency of this protest, may proceed with any paperwork (e.g. submittals) required by Island Roads Corporation (IRC), the successful offeror, prior to the commencement of the construction, but there shall be a stay of performance of the contract until the court issues an opinion. Accordingly, it is hereby ORDERED that: (1) Although the government has agreed to STAY performance of the contract in most respects, the successful offeror, IRC, may ENGAGE in preparatory paperwork and furnish submittals to the agency; Defendant shall FILE and serve on plaintiff the Supplemental Administrative Record, by 5:00 p.m. on May 28, 2008; Defendant shall also DELIVER two bound paper copies of the Supplemental Administrative Record to chambers by 5:00 p.m., eastern time on May 28, 2008; Plaintiff shall FILE a Motion for Judgment on the Administrative Record by 5:00 p.m., eastern time on June 3, 2008; Defendant shall FILE its Cross Motion for Judgment on the Administrative Record by 5:00 p.m., eastern time on June 10, 2008; Plaintiff shall FILE a Response/Reply to defendant's Cross Motion by 5:00 p.m., eastern time on June 17, 2008; Defendant shall FILE its Reply by 5:00 p.m., eastern time on June 20, 2008; Whenever briefing, including exhibits and attachments, causes an electronic filing to exceed thirty pages, the party shall DELIVER a paper courtesy copy of that filing to chambers by 5:00 p.m., eastern time on the day of filing; and 2

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(8)

Oral Argument shall be HELD on Wednesday, July 2, 2008 at 2:00 p.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; and Should the government's position on the stay of performance of the contract change, defendant shall INFORM the court at least ten days before the date contract work would begin, of its request to lift the stay of performance hereby agreed to.

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/s/Lynn J. Bush LYNN J. BUSH Judge

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