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

Case 1:08-cv-00133-MMS

Document 36

Filed 03/21/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 08-133 C (Filed: March 21, 2008) ******************************************* GLOBAL COMPUTER ENTERPRISES, INC., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant, * * and * * QSS GROUP, INC., * * Defendant-Intervenor. * ******************************************* ORDER On March 20, 2008, plaintiff filed a Consent Motion to Dispense With the Requirements of Rule 52.1(b). In its motion, plaintiff represents that both defendant and defendant-intervenor consent to the motion. Plaintiff indicates an intent to file on March 24, 2008, a single, consolidated memorandum containing a reply in support of its motion for preliminary injunction and application for temporary restraining order and in opposition to defendant's and defendantintervenor's motions to dismiss and motions for judgment on the administrative record. It also intends to file on March 24, 2008, a cross-motion for judgment on the administrative record and a motion to supplement the record to include those record materials it provided in its March 6, 2008 filing and will provide in its March 24, 2008 filing. Because it believes that the facts that "may be pertinent to the Court's resolution" of this action are already set forth in (1) plaintiff's March 6, 2008 memorandum,1 (2) defendant's and defendant-intervenor's March 17, 2008 opposition memoranda and motions for judgment on the administrative record, (3) the memorandum plaintiff intends to file on March 24, 2008, and (4) the administrative record itself, plaintiff requests that the court dispense of the following requirement contained in subsection (b)
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Because the appendix to plaintiff's March 6, 2008 memorandum was filed eight days before there was a proposed administrative record in this case, plaintiff intends to file, as previously noted, a motion to supplement the administrative record to include the contents of this appendix.

Case 1:08-cv-00133-MMS

Document 36

Filed 03/21/2008

Page 2 of 2

of the rule: Absent an order by the court setting a different procedure, in any such motion or supporting memorandum, the moving or cross-moving party shall include a Statement of Facts that draws upon and cites to the portions of the administrative record that bear on the issues presented to the court. The opposing party shall include in any response a Counter-Statement of Facts that similarly draws upon and cites to the administrative record. RCFC 52.1. Plaintiff represents that, "[g]iven the compressed briefing and hearing schedule in this case, it would be more efficient for the Court and the parties if the parties were not required to file additional, separate sections designated as a Rule 52.1(b) statement of facts or counterstatements of facts." Plaintiff suggests that factual statements would be repetitive and would "not marginally assist the Court's review in this expedited proceeding." Id. Accordingly, plaintiff's motion is GRANTED as follows: 1. The parties' collective procedural requirements under RCFC 52.1(b) shall be deemed satisfied by the facts provided in plaintiff's March 6, 2008 and forthcoming March 24, 2008 memoranda and defendant's and defendant-intervenor's March 17, 2008 motions and memoranda. 2. Nothing in this order shall prejudice any party's ability to challenge any other party's proposals concerning the content of the administrative record or the admissibility, relevance, or proper weight to be accorded to any portion of the factual record in this case, nor shall it mean that any party's facts shall be deemed admitted due to any other party not filing a separate counter-statement of facts or otherwise failing to object. IT IS SO ORDERED.

s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge

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