FLOORPRO, INC. v. USA

Filing 31

ORDER: Before the Court is the parties' Joint Stipulation Regarding Damages Amount, filed on May 31, 2011. The Joint Stipulation resolves the final remaining issue in this matter; the calculation of damages. In the Joint Stipulation Regarding Damages Amount, the parties represent that "Defendant and plaintiff hereby stipulate that the 'calculation of damages' amount is $37,500." It appearing that both parties entered into the Joint Stipulation with the authority t o do so, Plaintiff is hereby AWARDED $37,500 in damages for the Governments breach of the Department of Navy Purchase Order No. N62467-02-M-2013. The Clerk is directed to enter judgment accordingly. It is so ORDERED. Signed by Sr. Judge Loren A. Smith. (sk1) Copy to parties.

In the United States Court of Federal Claims
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FLOORPRO, INC.,
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Plaintiff,
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Case Number 09-651 C
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v.
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Senior Judge Loren A. Smith
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Filed: June 1, 2011
THE UNITED STATES,
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Defendant.
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ORDER
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Before the Court is the parties’ Joint Stipulation Regarding Damages Amount, filed on
May 31, 2011. The Joint Stipulation resolves the final remaining issue in this matter; the
calculation of damages.
On April 6, 2011, the Court entered an Opinion and Order denying the Government’s
Motion for Summary Judgment on the issue of contractual liability. See FloorPro v. United
States, No. 09-651C, 2011 U.S. Claims LEXIS 514, at *25. Within the same Opinion and Order,
the Court granted Plaintiff’s Cross-Motion for Summary Judgment, holding:
[T]he terms of Contract Modification P00001, executed by GM&W and the
Government, designated FloorPro as an intended third-party beneficiary.
Furthermore, the Government breached the contract modification when it failed to
issue a two-party check jointly to GM&W and FloorPro. As a result of the breach,
the Court holds that FloorPro has standing to bring suit directly against the
Government to enforce the contractual benefits conferred upon it under the terms
of the modification.
Id. at *24-25.
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In the Joint Stipulation Regarding Damages Amount, the parties represent that
“Defendant and plaintiff hereby stipulate that the ‘calculation of damages’ amount is $37,500.”
(Joint Stipulation 1, May 31, 2011.) It appearing that both parties entered into the Joint
Stipulation with the authority to do so, Plaintiff is hereby AWARDED $37,500 in damages for
the Government’s breach of the Department of Navy Purchase Order No. N62467-02-M-2013.
The Clerk is directed to enter judgment accordingly.

It is so ORDERED.

s/ Loren A. Smith____
LOREN A. SMITH,
Senior Judge

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