Free Motion for TRO - District Court of Federal Claims - federal

Case 1:07-cv-00582-JFM

Document 53

Filed 02/14/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on February 14, 2008) BID PROTEST __________________________________________ ) INFRASTRUCTURE DEFENSE ) TECHNOLOGIES, LLC, ) ) Plaintiff, ) ) v. ) No. 07-582C ) (Consolidated Lead Case) THE UNITED STATES, ) ) Defendant, ) Senior Judge James F. Merow ) and ) ) HESCO BASTION, LTD., ) ) Defendant-Intervenor. ) __________________________________________) ) INFRASTRUCTURE DEFENSE ) TECHNOLOGIES, LLC, ) ) Plaintiff, ) No. 07-695C ) (Consolidated Member Case) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) PLAINTIFF'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND RENEWED MOTION FOR A PRELIMINARY INJUNCTION Pursuant to RCFC 65, Plaintiff Infrastructure Defense Technologies, LLC ("IDT"), through the undersigned counsel, respectfully moves the Court for a temporary restraining order enjoining Defendant, the United States, acting by and through the Defense Logistics Agency ("DLA"), from exercising the second option period on the "bridge contract" modification that is the subject of IDT's second protest in the consolidated actions. IDT respectfully requests that

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Case 1:07-cv-00582-JFM

Document 53

Filed 02/14/2008

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this temporary restraining order remain in force until the Court enters a preliminary injunction or a final judgment on the merits of the consolidated actions, whichever occurs first. IDT also respectfully renews its September 26, 2007 request for a preliminary injunction enjoining Defendant, acting by and through DLA, from exercising the second option period on the "bridge contract" modification that is the subject of IDT's second protest in the consolidated actions. IDT respectfully requests that this preliminary injunction remain in force until the Court enters a final judgment on the merits of the consolidated actions. The grounds for the relief requested herein are set forth in IDT's accompanying brief, exhibits, and declarations, filed contemporaneously with this Court.

Dated: February 14, 2008

Respectfully submitted, s/ C. Joël Van Over by s/ Jack Y. Chu C. Joël Van Over Jack Y. Chu PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102-4859 (703) 770-7604 (703) 770-7686 (protected facsimile) Attorneys for Plaintiff Infrastructure Defense Technologies, LLC

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