ECO TOUR ADVENTURES, INC. v. USA

Filing 28

ORDER LIFTING STAY & SCHEDULING ORDER. Defendant's Cross-Motion/Response to Plaintiff's Motion due by 10/22/2013. Plaintiff's Response/Reply due by 10/29/2013. Oral Argument set for 11/8/2013 02:00 PM in National Courts Building before Judge Lynn J. Bush. Signed by Judge Lynn J. Bush. (TQ) Copy to parties.

In the United States Court of Federal Claims
No. 13-532 C
(Filed October 17, 2013)
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ECOTOUR ADVENTURES, INC., *
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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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SECOND AMENDED SCHEDULING ORDER
On October 17, 2013, counsel for defendant notified the court, pursuant to
the court’s order dated October 1, 2013, that appropriations to the Department of
Justice have been restored. 1 The court held a telephonic status conference with the
parties the same day to formulate a revised briefing schedule in light of the delay
caused by the lapse in appropriations.
At the outset of the teleconference, counsel for defendant reiterated that the
agency’s contracts with incumbent concessioners will expire on October 31, 2013,
and that the government proposes to extend those contracts for up to one year
unless and until the government awards to another entity the two contracts at issue
in this bid protest (contracts CC-GRTE024-13 and CC-GRTE032-13). Counsel for
plaintiff opposed the government’s proposal and argued that any extension of the
agency’s contracts with incumbent concessioners should last only until the end of
November 2013. The court concluded that, given the seasonal time constraints and
deadlines faced by the agency, the government’s proposed contract extension is
reasonable. Left in place and unchanged is the government’s prior agreement not
to issue a contract award with respect to the disputed procurement before the end
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/ In the referenced order, the court granted defendant’s request for a stay and suspension
of deadlines in light of the lapse in appropriations to the Department of Justice.

of November 2013. Furthermore, in recognition of plaintiff’s having filed its
opening brief on September 20, 2013, and with the input and agreement of counsel,
the court established the following revised briefing schedule:
(1)

The Clerk’s Office is directed to LIFT the stay in this matter;

(2)

Defendant shall FILE its Cross-Motion for Judgment on the
Administrative Record and Response to Plaintiff’s Motion for
Judgment on the Administrative Record by 5:00 p.m. eastern time
on October 22, 2013. Defendant may, in the alternative, file a
combined Motion to Dismiss and Cross-Motion for Judgment on the
Administrative Record;

(3)

Plaintiff shall FILE its Response/Reply to Defendant’s Cross
Motion by 5:00 p.m. eastern time on October 29, 2013;

(4)

Defendant shall FILE its Reply by 5:00 p.m. eastern time on
November 5, 2013;

(5)

Except as otherwise provided herein, whenever briefing, including
exhibits and attachments, causes an electronic filing to exceed thirty
pages, the party shall DELIVER two paper courtesy copies of that
filing to chambers by 5:00 p.m. eastern time the day the filing is
due; and

(6)

Oral Argument in this case shall be HELD on November 8, 2013 at
2:00 p.m. eastern time at the United States Court of Federal Claims,
National Courts Building, 717 Madison Place, N.W., Washington,
DC. The location of the courtroom will be posted on the directory in
the lobby.

IT IS SO ORDERED.

/s/Lynn J. Bush
LYNN J. BUSH
Judge
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