CRAIN v. USA

Filing 53

ORDER directing plaintiff to file a Notice indicating plaintiff's position on participating in the court's ADR program. Notice due by 4/12/2013. Signed by Judge Lynn J. Bush. (TQ) Copy to parties.

In the United States Court of Federal Claims
No. 11-217 C
(Filed April 4, 2013)
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INNOVATION DEVELOPMENT
ENTERPRISES OF AMERICA,
INC.,
Plaintiff,
v.
THE UNITED STATES,
Defendant.

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ORDER
By order dated March 21, 2013, this court directed the government to file a
Notice informing the court as to the status of the parties’ settlement negotiations on
plaintiff’s requests for bid preparation costs and attorney fees in this matter. On
March 29, 2013, defendant’s counsel filed a Notice informing the court that the
government had rejected plaintiff’s initial settlement offer and had submitted a
counter offer, which in turn, had been rejected by plaintiff. The Notice filed by
defendant also makes mention of the government’s suggestion to plaintiff that
participation in the court’s alternate dispute resolution (ADR) program might be
beneficial to the parties. However, defendant’s Notice gives no indication to the
court as to whether plaintiff is willing to engage in ADR proceedings.
Additionally, defendant’s Notice requests that the court schedule a telephonic
status conference to discuss further proceedings in this matter.
Historically speaking, the court’s ADR program has been a positive and
productive alternative to protracted, and sometimes costly, litigation proceedings.
Where both parties are willing to actively participate, the results may be
impressive. Here, while it is clear that defendant has evidenced interest in taking

advantage of the ADR option, the Notice filed by the government does not indicate
whether plaintiff is amenable to engaging in ADR, as offered by the court. Prior to
going forward with any further proceedings in this matter, therefore, the
undersigned wishes to know whether plaintiff is interested in attempting to resolve
the outstanding issues in this case through ADR.
In accordance with the foregoing, it is hereby ORDERED that plaintiff
shall FILE a Notice, on or before April 12, 2013, indicating plaintiff’s position on
participating in the court’s ADR program.

/s/Lynn J. Bush
Lynn J. Bush
Judge