BOARHOG LLC v. USA

Filing 51

Order of Dismissal granting 49 Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (jf) Copy to parties.

In the United States Court of Federal Claims
No. 15-24C
(Filed: April 29, 2015)
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BOARHOG LLC,
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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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ORDER
On April 17, 2015, the Government filed a Renewed Motion to Dismiss this protest
for mootness. In light of the Government’s Notice of Corrective Action filed on March 31,
2015, which modifies Plaintiff’s existing contract terms to substantially reflect those of the
original award made to Plaintiff on September 18, 2014, the Court deems it appropriate to
dismiss this action without prejudice.
In the event the agency’s completed corrective action results in Plaintiff’s need to
seek relief again in this Court, a new complaint together with a Notice of a Directly Related
Case may be filed pursuant to Rule 40.2(a) of this Court, and the case will be assigned to
the undersigned Judge. A waiver of the filing fee is likely.
IT IS SO ORDERED.
s/ Thomas C. Wheeler
THOMAS C. WHEELER
Judge