Free Order on Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:08-cv-00133-MMS

Document 51

Filed 03/31/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 08-133 C (Filed: March 31, 2008) ******************************************* GLOBAL COMPUTER ENTERPRISES, INC., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant, * * and * * QSS GROUP, INC., * * Defendant-Intervenor. * ******************************************* ORDER On March 28, 2008, plaintiff filed a Motion to Re-Designate Pleading. In its motion, plaintiff requests that the court clarify its March 27, 2008 order by re-designating its supplemental appendix to be deemed an appendix to its reply brief. Plaintiff represents that defendant and defendant-intervenor consent to this motion "for the limited purpose of redesignating the Supplemental Appendix as an appendix to the Memorandum, but not for any other purpose." In its March 27, 2008 order, the court stated that materials contained in plaintiff's supplemental appendix "shall [be] consider[ed] . . . as appendices to plaintiff's motion to supplement the administrative record and [the court] shall only deem the materials contained therein as `supplements' to the record if it grants plaintiff's motion." Plaintiff states in its motion that it intended the supplemental appendix to accompany the corrected memorandum it filed on March 25, 2008; however, due to technical restrictions, it was unable to attach the supplemental appendix to the memorandum via the court's ECF system. Plaintiff states that the contents of its supplemental appendix "are relevant to issues such as jurisdiction and harm, in addition to their relevance on the merits of this case." As such, it believes that, even were the court to deny its motion to supplement and not include the supplemental appendix in the administrative record, the contents of the supplemental appendix "are appropriate for the Court's consideration in some contexts, such as the Court's harms analysis."

Case 1:08-cv-00133-MMS

Document 51

Filed 03/31/2008

Page 2 of 2

Accordingly, the court grants plaintiff's instant motion and shall re-designate the supplemental appendix as an appendix to the memorandum filed by plaintiff on March 25, 2008. IT IS SO ORDERED.

s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge

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