Free Order - District Court of Federal Claims - federal

Case 1:08-cv-00133-MMS

Document 45

Filed 03/27/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 08-133 C (Filed: March 27, 2008) ******************************************* GLOBAL COMPUTER ENTERPRISES, INC., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant, * * and * * QSS GROUP, INC., * * Defendant-Intervenor. * ******************************************* ORDER On March 24, 2008, plaintiff filed its Cross-Motion for Judgment on the Administrative Record and Motion for Permanent Injunctive Relief (document #37). It also filed a sealed Memorandum (1) in 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 (document #38). The Clerk of the Court noted that, pursuant to RCFC 7(b), plaintiff's supporting memorandum (document #38) should have been attached to its cross-motion (document #37) and not filed as a separate document. Additionally, plaintiff's supporting memorandum (document #38) contained a blank table of contents. On March 25, 2008, plaintiff filed a sealed Motion to Supplement the Administrative Record (document #39) and two supplements to the administrative record (documents #40 and #41). Documents #40 and #41 should have been attached to plaintiff's motion to supplement, rather than filed as "supplements" to the administrative record. Also on March 25, 2008, plaintiff filed what appears to be a corrected version of its sealed Memorandum (1) in 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

Case 1:08-cv-00133-MMS

Document 45

Filed 03/27/2008

Page 2 of 2

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 (document #42), which contains the table of contents omitted from document #38 and a sealed Cross-Motion for Judgment on the Administrative Record and Motion for Permanent Injunctive Relief (document #43). Plaintiff's March 25, 2008 crossmotion, which includes a proposed order, appears to be a corrected version of its previous filing (document #37). Plaintiff should have filed a motion for leave to file corrected versions of previous filings before it refiled these documents. Additionally, the supporting memorandum should have been attached to the cross-motion and not filed separately. The court finds that these deficiencies are harmless, particularly given the expedited briefing schedule in this case. It shall consider documents #40 and #41 as 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. Accordingly, the Clerk of the Court is directed to file documents #37, #38, #39, #40, #41, #42, and #43 by leave of the court. IT IS SO ORDERED.

s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge

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