GOOGLE, INC. et al v. USA

Filing 115

ORDER of Dismissal. The Clerk is directed to enter judgment dismissing the case with prejudice pursuant to motion made orally in court at the September 27, 2011 hearing. Signed by Judge Susan G. Braden. (mh) Copy to parties.

In the United States Court of Federal Claims
No. 10-743C
Filed: September 28, 2011
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GOOGLE, INC.,
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and
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ONIX NETWORKING CORPORATION,
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Plaintiff,
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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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ORDER OF DISMISSAL, WITH PREJUDICE
On September 27, 2011, the court held a status conference to discuss Plaintiff’s September
22, 2011 Motion To Dismiss, Without Prejudice, and the Government’s September 23, 2011
Response.
At the hearing, the Government represented as follows:
The research that the Department of the Interior relied on in issuing the July 15, 2010
Standardization “Determination and Findings” and RFQ No. 503786 is now stale in
light of new developments in technology and entrants into the market.
The Department of the Interior has decided not to proceed with the procurement of
cloud email and collaboration services, pursuant to RFQ No. 503786.

The Department of the Interior currently is preparing a Request for Information
(“RFI”) for potential issuance of a Solicitation to procure cloud email and
collaboration services.
In light of these representations at the September 27, 2011 hearing, Google orally moved to
withdraw the December 30, 2010 Amended Complaint and requested that the court dismiss Case
No. 10-743C, with prejudice. The Government concurs with Google’s Motion To Dismiss, With
Prejudice. The Defendant-Intervenor agrees this case should be dismissed, with prejudice.
Based on the foregoing, the court has determined that the interests of justice are served by
dismissing this case, with prejudice. See RCFC 41(a)(2).
In the event that the Department of the Interior subsequently awards any cloud email and
collaboration services contract(s) that result in a bid protest being filed by Plaintiff or DefendantIntervenor in the United States Court of Federal Claims, the aforementioned parties are
instructed to inform the Office of the Clerk of this related case Order Of Dismissal. In turn, the
Office of the Clerk is instructed to assign that bid protest to this court as a related case.
IT IS SO ORDERED.

s/Susan G. Braden
SUSAN G. BRADEN
Judge