GOOGLE, INC. et al v. USA

Filing 114

RESPONSE to 113 MOTION to Voluntarily Dismiss pursuant to Rule 41(a), filed by USA.Reply due by 10/3/2011. (Krafchek, Christopher)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
BID PROTEST
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GOOGLE, INC.,
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and
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ONIX NETWORKING CORPORATION,
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Plaintiffs,
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v.
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THE UNITED STATES,
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Defendant,
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and
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SOFTCHOICE CORPORATION
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Defendant-Intervenor.
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No. 10-743C
(Judge Braden)

DEFENDANT’S RESPONSE TO PLAINTIFFS’ MOTION TO WITHDRAW
On September 22, 2011, plaintiffs, Google, Inc. and Onix Networking Corporation, filed
a motion to withdraw without prejudice. Docket # 113. We do not oppose that motion.
However, in that motion, plaintiffs made reference to “defendant’s agreement.” Pl. Mot., p. 1.
Defendant, the United States, hereby provides notice to the Court that defendant has made no
agreement as represented in that motion. Nonetheless, defendant hereby advises the Court that
we do not object to plaintiffs’ motion to withdraw without prejudice.
Respectfully submitted,
TONY WEST
Assistant Attorney General

MICHAEL F. HERTZ
Deputy Assistant Attorney General
s/ Kirk T. Manhardt
KIRK T. MANHARDT
Assistant Director
OF COUNSEL
SHERYL RAKESTRAW
Attorney Advisor
Department of the Interior

s/ Christopher L. Krafchek
CHRISTOPHER L. KRAFCHEK
Trial Attorney
Commercial Litigation Branch
Civil Division
Department of Justice
1100 L Street, N.W.
Washington, D.C. 20005
Tel: [phone]
Fax: [phone]

September 23, 2011

Attorneys for defendant

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