GOOGLE, INC. et al v. USA

Filing 39

Second MOTION to Amend/Correct The Administrative Record, filed by USA. Response due by 1/3/2011. (Attachments: # 1**SEALED** Tab 47)(Krafchek, Christopher) Modified on 12/20/2010 to seal Tab 47. (dls).

GOOGLE, INC. et al v. USA

Doc. 39

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST ******************************************* * GOOGLE, INC., et al, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * SOFTCHOICE CORPORATION * * Intervenor-Defendant * * *******************************************

No. 10-743C

Judge Braden

DEFENDANT'S SECOND MOTION SEEKING LEAVE TO AMEND AND CORRECT THE ADMINISTRATIVE RECORD Defendant hereby respectfully requests leave of the Court to amend and correct the administrative record, filed on November 5, 2010, in the above captioned matter. In correcting the record, we seek to include documents, outlined in the attached revised index, that were misplaced at the time we filed the administrative record. This document, however, is dated prior to the time the decisions under challenge, standardization of an email messaging system and a limited source justification, and was considered by the deciding official. Accordingly, the document should be considered part of the administrative record and should have been included in our November 5, 2010 filing. With the Court's permission, these documents shall be added to the administrative record at Tab 47. Counsel for plaintiffs and intervenor do not object to this motion. We apologize for any inconvenience this may have caused the Court. We shall provide a courtesy hard-copy of

Dockets.Justia.com

Tab 47 to chambers on December 20, 2010. Accordingly, defendant respectfully requests that the Court grant its motion to amend and correct the administrative record.

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 CHARLES M. KERSTEN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice SHERYL RAKESTRAW Attorney Advisor Department of the Interior December 17, 2010 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] Attorneys for Defendant

2

CERTIFICATE OF FILING I hereby certify that on this 17th day of December, 2010, a copy of the foregoing "DEFENDANT'S SECOND MOTION SEEKING LEAVE TO AMEND AND CORRECT 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/Christopher L. Krafchek