GOOGLE, INC. et al v. USA

Filing 9

NOTICE, filed by USA Of Filing (Attachments: # 1 RFQ, # 2 Limited source justification)(Krafchek, Christopher) [by leave of the judge]. Modified on 11/3/2010 to indicate filing is by leave. (dls).

GOOGLE, INC. et al v. USA

Doc. 9

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST ____________________________________ GOOGLE, INC. ) ) and ) No. 10-743C ) ONIX NETWORKING CORPORATION ) (Judge Braden) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) DEFENDANT'S NOTICE OF FILING On November 2, 2010, the Court's clerk sent the parties an electronic message requesting expeditious production of the following two documents: 1. 2. Request for Quotation No. 503786; and The limited source justification executed by the Director of the Office of Acquisition and Property Management for the Department of the Interior on August 30, 2010. This filing is in response the Court's November 2, 2010 direction to produce these documents. These two documents, produced in isolation, do not constitute the entire administrative record. The Court has yet to set a schedule for the filing of the administrative record. In the absence of such an order, we presently intend to file the administrative record on or about November 5, 2010. The Court should not draw any inferences based upon consideration of these two documents in isolation with respect to the allegations made by the plaintiffs, Google, Inc. and Onix Networking Corp, in their complaint and motion for a

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temporary restraining order and preliminary injunctive relief filed on October 29, 2010. We also note that this filing does not constitute our response to any of the filings made by plaintiffs and, therefore, we respectfully reserve our right to file a formal response on November 12, 2010. 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 November 2, 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

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CERTIFICATE OF FILING I hereby certify that on this 2nd day of November, 2010, a copy of the foregoing "DEFENDANT'S NOTICE OF FILING" 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