SPACE EXPLORATION TECHNOLOGIES CORP. v. USA

Filing 85

UNREPORTED Mediation Scheduling Order. Signed by Judge Susan G. Braden. (cm) Copy to parties.

In the United States Court of Federal Claims
No. 14-354 C
Filed: July 24, 2014
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SPACE EXPLORATION TECHNOLOGIES *
CORP.,
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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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and
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UNITED LAUNCH SERVICES, LLC,
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Defendant-Intervenor.
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*
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MEDIATION SCHEDULING ORDER
Pursuant to RCFC 16, the following deadlines will govern the initial stage of proceedings
to resolve this case by mediation:
On or before August 8, 2014, under seal, the Government will provide Plaintiff’s
counsel with documents identifying the missions that the United States Air Force
(“Air Force”) has ordered or intends to order under the “block buy” contract,
together with sufficient technical information to allow Plaintiff to determine
whether and when it can perform those missions. The Government also will
disclose to Plaintiff’s counsel an outline of activity under the “block buy”
contract, including launch vehicle orders and monetary outlays, for the next six
months.
On or before September 10, 2014, under seal, Plaintiff will provide the
Government with a letter to identify issues proposed to be mediated, proposed
procedures, proposed participants, including a proposed mediator, proposed
timetable for mediation, and objective to be accomplished.
On or before October 14, 2014, the Government will evaluate Plaintiff’s proposal
and notify the court, in writing and on the record, if, and the date by which, it will
request the Air Force, the United States Department of Defense, and the United
States Department of Justice’s permission to engage in mediation.

The Plaintiff and Government may involve the Defendant-Intervenor in these initial
stages of proceedings to resolve this case by mediation, if either believes doing so would be
productive. To facilitate the good faith efforts of the Government and Plaintiff to undertake
these initial steps in a mediation process, all parties are ordered to decline to comment in the
press about the substance or assignments set forth herein.
The dates and events identified in this Mediation Scheduling Order are to be
accomplished in tandem with those set forth in the Adjudication Scheduling Order issued on this
same date.
IT IS SO ORDERED.
s/ Susan G. Braden
SUSAN G. BRADEN
Judge

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