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

Case 1:08-cv-00133-MMS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Bid Protest ) GLOBAL COMPUTER ENTERPRISES, ) INC. ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 08-133C (Judge Sweeney)

PLAINTIFF'S MOTION TO RE-DESIGNATE PLEADING Plaintiff Global Computer Enterprises, Inc. ("GCE") respectfully requests that this Court clarify its March 27, 2008, order ("Order") [Dkt. No. 45] by re-designating GCE's Supplemental Appendix [Dkt. No.s 40-41] to be deemed an appendix to GCE's reply brief [Dkt. No. 42]. The grounds for this motion are as follows: 1. On March 25, 2008, GCE filed several documents: (a) A corrected version of its Memorandum in (1) Reply to Defendants'

Oppositions to Plaintiff's Motion for Preliminary Injunction and Application for Temporary Restraining Order; (2) in Opposition to Defendants' Motions to Dismiss; (3) in Opposition to Defendants' Motions for Judgment on the Administrative Record; and (4) in Support of Plaintiff's Cross-Motion for Judgment on the Administrative Record and Motion for Permanent Injunctive Relief ("Memorandum") [Dkt. No. 42];

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(b)

A Supplemental Appendix in support of the Memorandum in (1) Reply to

Defendants' Oppositions to Plaintiff's Motion for Preliminary Injunction and Application for Temporary Restraining Order; (2) in Opposition to Defendants' Motions to Dismiss; (3) in Opposition to Defendants' Motions for Judgment on the Administrative Record; and (4) in Support of Plaintiff's Cross-Motion for Judgment on the Administrative Record and Motion for Permanent Injunctive Relief ("Supplemental Appendix") [Dkt. Nos. 40 and 41]; and (c) 39]. 2. GCE intended the Supplemental Appendix to accompany the corrected A Motion to Supplement the Administrative Record ("Motion") [Dkt. No.

Memorandum, but due to technical restrictions was unable to attach these files to the Memorandum via the Court's ECF system. 3. The Court's March 27, 2008 Order states that the Supplemental Appendix shall be

considered "appendices to plaintiff's motion to supplement the administrative record and shall only deem the materials contained therein as `supplements' to the record if it grants plaintiff's motion." 4. GCE believes that the contents of the Supplemental Appendix are relevant to

issues such as jurisdiction and harm, in addition to their relevance on the merits of this case. Thus, even if the Court denies GCE's Motion, and thus does not include the Supplemental Appendix in the "administrative record," GCE believes that the contents of the Supplemental Appendix are appropriate for the Court's consideration in some contexts, such as the Court's

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harms analysis. GCE therefore requests that the Court consider the Appendix to accompany the Memorandum rather than the Motion. 5. Defendant United States and Defendant-Intervenor QSS consent to this motion for

the limited purpose of re-designating the Supplemental Appendix as an appendix to the Memorandum, but not for any other purpose. 6. Wherefore, GCE respectfully requests that the Court order that GCE's

Supplemental Appendix shall be deemed an attachment to the Memorandum.

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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.

Of Counsel John P. Janecek Ariel B. Waldman Timothy R. Schnabel Sara K. Kasper Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave, NW Washington, D.C. 20006 (202) 663-6000 (tel.) (202) 663-6363 (fax)

Dated: March 28, 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. ) ORDER This matter having come before the Court on Plaintiff Global Computer Enterprises, Inc. ("GCE")'s Motion to Re-designate Pleading, it is this __ day of _________, 2008, ORDERED, that GCE's Supplemental Appendix in support of the Memorandum in (1) Reply to Defendants' Oppositions to Plaintiff's Motion for Preliminary Injunction and Application for Temporary Restraining Order; (2) in Opposition to Defendants' Motions to Dismiss; (3) in Opposition to Defendants' Motions for Judgment on the Administrative Record; and (4) in Support of Plaintiff's Cross-Motion for Judgment on the Administrative Record and Motion for Permanent Injunctive Relief ("Appendix") [Dkt. Nos. 40 and 41] shall be considered as an attachment to GCE's Memorandum in (1) Reply to Defendants' Oppositions to Plaintiff's Motion for Preliminary Injunction and Application for Temporary Restraining Order; (2) in Opposition to Defendants' Motions to Dismiss; (3) in Opposition to Defendants' Motions for Judgment on the Administrative Record; and (4) in Support of Plaintiff's Cross-Motion for Judgment on the Administrative Record and Motion for Permanent Injunctive Relief [Dkt. No. 42].

No. 08-133C (Judge Sweeney)

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Judge Margaret M. Sweeney

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CERTIFICATE OF SERVICE I hereby certify that on this 28th day of March, 2008, a copy of the foregoing Motion to Re-designate Pleading was filed through the Court's Electronic Case Filing system, and was therefore served on counsel of record pursuant to Court of Federal Claims Rules Appendix E, Paragraph 12(c). 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. Dated: March 28, 2008

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