CONTINENTAL SERVICE GROUP, INC. v. USA

Filing 241

Order of Dismissal, granting 234 Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

In the United States Court of Federal Claims
Nos. 17-449C, 17-499C, 17-493C, 17-517C, 17-578C, 17-558C, 17-633C
(consolidated)
(Filed: February 14, 2018)
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CONTINENTAL SERVICE GROUP, INC.,
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et al.,
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Plaintiffs,
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and
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COLLECTION TECHNOLOGY, INC., et al., *
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Plaintiff-Intervenors, *
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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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CBE GROUP, INC., et al.,
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Defendant-Intervenors. *
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ORDER DISMISSING CASES
On January 11, 2018, the Department of Education (“ED”) completed its corrective
action in the above-captioned consolidated bid protest pursuant to this Court’s order of
December 12, 2017. See Dkt. No. 215. On January 16, 2018, the Government filed a
motion to dismiss the consolidated complaints in this bid protest as a result of the
completion of ED’s corrective action. See Dkt. No. 234.

On February 13, 2018, Plaintiffs Van Ru Credit Corporation, Progressive Financial
Services, Inc., and Collection Technology, Inc. filed notices of voluntary dismissal without
prejudice, and Plaintiff Continental Service Group, Inc. filed a response indicating that it
did not oppose the Government’s motion to dismiss. The three remaining Plaintiffs—
Account Control Technology, Inc., Pioneer Credit Recovery, Inc., and Alltran Education,
Inc.—filed responses opposing the Government’s motion to dismiss.
After considering the Government’s motion and Plaintiffs’ responses, the Court
finds that it is in the interest of judicial efficiency to dismiss the above-captioned
complaints, especially given the addition of new parties in the directly related bid protests
recently consolidated under the case, FMS Investment Corp. v. United States, No. 18204C. Any challenges to the procurement at issue in these cases should be mounted in a
new complaint before this Court, which will be consolidated under the FMS Investment
Corp. case.
Accordingly, the Clerk is directed to DISMISS this consolidated bid protest without
prejudice.
IT IS SO ORDERED.
s/ Thomas C. Wheeler
THOMAS C. WHEELER
Judge

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