Free Stipulation of Dismissal - District Court of Federal Claims - federal

Case 1:07-cv-00630-MCW

Document 30

Filed 01/23/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST RKR JOINT VENTURE, LLC A Mississippi Limited Liability Corporation, Plaintiff, VS. THE UNITED STATES, Defendant. § § § § § § § § §

NO. 07-CV-00630-MCW Judge Williams

STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE TO REFILING COMES NOW Plaintiff RKR JOINT VENTURE, LLC and THE UNITED STATES and file this stipulation of voluntary dismissal without prejudice to re-filing pursuant to Fed. R. Civ. P. 41(a)(1)(ii). 1. Plaintiff is RKR JOINT VENTURE, LLC, a Mississippi limited liability corporation. 2. Defendant is THE UNITED STATES, whose departments and agencies are engaged in procurement. 3. Plaintiff moves for voluntary dismissal of the suit without prejudice to re-filing. 4. Defendant, who has answered, agrees to the dismissal. 5. This case is not a class action. 6. A receiver has not been appointed in this action. 7. This case is not governed by any federal statute that requires an order of the court for dismissal of the case. 8. Plaintiff has not dismissed an action based on or including the same claims as those presented in the suit. 9. This dismissal is without prejudice to re-filing.

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Case 1:07-cv-00630-MCW

Document 30

Filed 01/23/2008

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10. Upon re-filing, RKR will file a Notice of Directly Related Cases pursuant to RCFC 40.2(a). DATED January 23, 2008 Respectfully submitted,

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director DONALD E. KINNER Assistant Director s/ William P. Rayel by permission s/ David F. Barton_________ William P. Rayel Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1110 L Street NW Washington, DC 20005 Telephone: (202) 616-0302 Telecopier. (202) 307-0972 Telephone: (210) 733-8191 Telecopier: (210) 733-5538 E-Mail: [email protected]

____/s/________________________ David F. Barton State Bar No. 01853300 THE GARDNER LAW FIRM 745 E. Mulberry Avenue, Suite 100 San Antonio, Texas 78212-3149 Telephone: (210) 733-8191 Telecopier: (210) 733-5538 E-Mail: [email protected] ATTORNEY FOR PLAINTIFF

ATTORNEY FOR DEFENDANT

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Case 1:07-cv-00630-MCW

Document 30

Filed 01/23/2008

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been forwarded in compliance with the Federal Rules of Civil Procedure to all counsel of record as set out below, on this the 23rd day of January, 2008, as follows: Will Rayel Trial Attorney National Courts Section Commercial Litigation Branch Civil Division Department of Justice 1100 L St., NW, Room 12100 Washington, DC 20530 (20005 for FedEx) phone: (202) 616-0302 facsimile: (202) 307-0972 VIA E-FILING

______/s/__________________________ DAVID F. BARTON

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