Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:07-cv-00897-ECH

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Filed 01/17/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST

LOGISTICS SUPPORT SERVICES JV, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant, and SANTA BARBARA APPLIED RESEARCH, INC. Intervenor.

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No. 07-897 (Judge Emily Hewitt)

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENT TO ADMINISTRATIVE RECORD Pursuant to Rule 7(b), RCFC, and this Court's scheduling order dated December 27, 2007, the United States respectfully seeks leave to file a supplement to the administrative record in the above-captioned action. In support of this motion, we aver as follows: 1. Pursuant to the December 27, 2007 order and an order dated January 8, 2008

enlarging our time to file the administrative record, we filed the administrative record on January 8, 2008. We had previously received materials from the Air Force which were not included in the administrative record filed on January 8, 2008 because of the need to paginate the pages and otherwise prepare the materials for filing. We did, however, provide copies of these materials by e-mail at the time received to the plaintiff and intervenor. 2. The materials which could not be included in the administrative record filed

on January 8, 2008 consists of approximately 600 pages of e-mails and attachments to e-mails.

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These have now been processed for filing with the Court. In addition, we were advised by plaintiff that it desired access to e-mail attachments not included in the administrative record filed on January 8, 2008 (but noted in the text of the e-mails) because they appeared to be duplicates of other materials in the administrative record. Because plaintiff expressed a desire to have these materials, however, we have now included them in the materials to be filed as a supplement to the administrative record. 3. The supplemental record is timely because all of the materials were previously

provided to the parties and will be received in advance of the filing deadline for the crossmotions for summary judgment upon the administrative record. For these reasons, we respectfully request that our motion for leave to file a supplement to the administrative record be granted. Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director /s/ David A. Levitt DAVID A. LEVITT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Washington, D.C. 20005 Tel: 202-307-0309 2

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Attorneys for Defendant Date: January 11, 2008

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Case 1:07-cv-00897-ECH

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CERTIFICATE OF FILING I hereby certify that on January 11, 2008, a copy of the foregoing "Motion For Leave To File A Supplement To The Administrative Record " was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. /s/ David A. Levitt David A. Levitt

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