JORDAN POND COMPANY, LLC v. USA

Filing 23

ORDER granting 18 Motion to Amend/Correct. Defendant and Intervenor-Defendant's Responses to Plaintiff's Motion for Leave to File its First Amended Complaint shall be FILED by 5:00 p.m., eastern time on 1/2/201 4; Defendant and Intervenor-Defendant's Responses to Plaintiff's Motion Seeking an Order for Defendant to Include All Relevant Decision Documents in the Administrative Record shall be FILED by 5:00 p.m., eastern time on 1/2/2014; Plaintif f shall FILE its Reply to Defendant's and Intervenor-Defendant's Responses to Plaintiff's Motion for Leave to File its First Amended Complaint by 5:00 p.m., eastern time on 1/6/2014; Plaintiff shall FILE its Reply to Defendant's and Intervenor-Defendant's Responses to Plaintiff's Motion Seeking an Order for Defendant to Include All Relevant Decision Documents in the Administrative Record by 5:00 p.m., eastern time on 1/6/2014. The briefing schedule and filing requirements set forth in the court's order of November 22, 2013 remain unchanged. Signed by Judge Lynn J. Bush. (TQ) Copy to parties.

In the United States Court of Federal Claims
No. 13-913 C
(Filed December 30, 2013)
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JORDAN POND COMPANY, LLC,
Plaintiff,
v.
THE UNITED STATES,
Defendant,
DAWNLAND, LLC,
Intervenor-Defendant.

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SCHEDULING ORDER
The court has before it three motions regarding procedural matters in this bid
protest, all filed December 23, 2013. First, defendant seeks leave, in an unopposed
motion, to amend the administrative record to include certain pages containing
original signatures. These pages are already in the administrative record, minus the
original signatures. The court therefore grants defendant’s motion to amend the
administrative record as set forth in this order.
Second, plaintiff seeks leave to file an amended complaint. According to
plaintiff, the government opposes this request. To facilitate a timely resolution of
plaintiff’s motion, this order establishes an expedited briefing schedule for the
motion.
Third, plaintiff seeks supplementation of the administrative record with two
types of documents, some presenting the proposal of a bidder in the competition at

issue here, others conveying the government’s decision-making process regarding
a proposed contract with intervenor-defendant. The court establishes in this order
an expedited briefing schedule for plaintiff’s motion to supplement the
administrative record.
Finally, the court notes that plaintiff’s motion regarding redactions of the
administrative record, filed December 19, 2013, has been fully briefed. The terms
and schedule of the court’s scheduling order of November 22, 2013, however,
remain in force. Regardless of the disposition of plaintiff’s motions to redact and
supplement the administrative record, and to file an amended complaint, the parties
are expected to conform to the briefing schedule adopted by the court at the outset
of this protest.
Accordingly, it is hereby ORDERED that:
(1)

Defendant’s Unopposed Motion for Leave to Amend the
Administrative Record, filed December 23, 2013, is GRANTED.
Defendant shall FILE the Amended Administrative Record in
CD-ROM format no later than 5:00 p.m. eastern time on January 2,
2014. Defendant shall DELIVER two paper courtesy copies of the
Index to the Amended Administrative Record and Tab 18 of the
Amended Administrative Record to chambers no later than 5:00 p.m.
eastern time on January 2, 2014;

(2)

Defendant and Intervenor-Defendant’s Responses to Plaintiff’s
Motion for Leave to File Its First Amended Complaint shall be
FILED by 5:00 p.m., eastern time on January 2, 2014;

(3)

Defendant and Intervenor-Defendant’s Responses to Plaintiff’s
Motion Seeking an Order for Defendant to Include All Relevant
Decision Documents in the Administrative Record shall be FILED by
5:00 p.m., eastern time on January 2, 2014;

(4)

Plaintiff shall FILE its Reply to Defendant’s and IntervenorDefendant’s Responses to Plaintiff’s Motion for Leave to File Its First
Amended Complaint by 5:00 p.m., eastern time on January 6, 2014;

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(5)

Plaintiff shall FILE its Reply to Defendant’s and IntervenorDefendant’s Responses to Plaintiff’s Motion Seeking an Order for
Defendant to Include All Relevant Decision Documents in the
Administrative Record by 5:00 p.m., eastern time on January 6,
2014 and

(6)

The briefing schedule and filing requirements set forth in the court’s
order of November 22, 2013 remain unchanged.
/s/Lynn J. Bush
LYNN J. BUSH
Senior Judge

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