Free Joint Status Report - District Court of Federal Claims - federal

Case 1:08-cv-00133-MMS

Document 53

Filed 04/03/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Bid Protest ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

GLOBAL COMPUTER ENTERPRISES, INC., Plaintiff, v. THE UNITED STATES, Defendant, And QSS GROUP, INC., Defendant-Intervenor

No. 08-133C (Judge Sweeney)

JOINT STATUS REPORT Pursuant to the Court's March 31, 2008, Order granting Plaintiff Global Computer Enterprises, Inc. ("GCE")'s application for a temporary restraining order ("TRO"), the parties have conferred and respectfully provide this joint status report regarding their positions as to further briefing. Defendant the United States and Defendant-Intervenor QSS Group, Inc. ("QSS"), request an opportunity to file one memorandum each, not to exceed 30 pages each. These memoranda will consolidate the Defendants' oppositions to GCE's cross-motion for judgment on the administrative record [Dkt. No. 43], GCE's motion for a permanent injunction [Dkt. No. 43], and GCE's motion to supplement the administrative record [Dkt. No. 39], as well as their replies in support of their motions to dismiss and motions for judgment upon the administrative record [Dkt. Nos. 26 and 28]. GCE requests an opportunity to file one memorandum, not to exceed 30

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pages, as a reply in support of its cross-motion for judgment on the administrative record [Dkt. No. 43], its motion for a permanent injunction [Dkt. No. 43], and its motion to supplement the administrative record [Dkt. No. 39]. To accommodate the obligations of counsel for the United States in other litigation, the Defendants' memoranda would be due May 2, 2008, and GCE's reply would be due May 19, 2008. The memoranda proposed to be filed by Defendants on May 2 and by GCE on May 19 will address whether GCE has demonstrated that: (1) this Court possesses jurisdiction to entertain GCE's complaint; (2) GCE has succeeded on the merits of its claims, (3) GCE would suffer harm in the absence of permanent injunctive relief, (4) the balance of harms favors permanent injunctive relief, and (5) the public interest favors permanent injunctive relief. The parties will endeavor, to the extent possible, to avoid simply repeating the briefing that has already occurred. The parties further agree that no additional declarations or other additional evidence will be filed with these memoranda other than declarations relating to the risks of harm to the parties. Pursuant to the Court's March 31, 2008, Order, the TRO issued by the Court is scheduled to expire at midnight on April 9, 2008. The parties agree to an extension of the current TRO during any additional briefing period, from midnight, April 9, 2008, through the date on which the Court resolves GCE's motion for a permanent injunction. The United States and QSS reserve the right to move to amend the Court's temporary restraining order, pursuant to the Court's rules. In addition, GCE requests that the Court issue a preliminary injunction effective midnight, April 9, 2008, pending the Court's decision on the merits. The parties also request the Court conduct oral argument after submission of these additional memoranda.

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Respectfully submitted,

s/ Jonathan J. Frankel Jonathan J. Frankel WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Ave, NW Washington, D.C. 20006 (202) 663-6113 (tel.) (202) 663-6363 (fax) Counsel of Record for Plaintiff Global Computer Enterprises, Inc. s/ J. Scott Hommer, III J. Scott Hommer, III VENABLE LLP 8010 Towers Crescent Drive, Suite 300 Vienna, Virginia 22182 Telephone No.: (703) 760-1658 Telecopier No.: (703) 821-8949 Counsel of Record for Defendant-Intervenor QSS Group, Inc.

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Kenneth M. Dintzer by Todd M. Hughes KENNETH M. DINTZER Assistant Director s/ William P. Rayel ____ William P. Rayel Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0302 Attorneys for Defendant

DATED: April 3, 2008

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