CLARKE HEALTH CARE PRODUCTS, INC. v. USA

Filing 59

SCHEDULING ORDER: The clerk's office is directed to DEEM 58 joint notice as a joint motion to complete the administrative record; and file it by leave of the court, February 8, 2021. Once filed, the motion is GRANTED. On or before 2/22/2021, defendant is directed to FILE the administrative record (supplement) including the documents set forth in the parties' joint motion; and, on or before 2/22/2021, the parties are directed to CONFER and FILE a joint status report proposing the next steps in this litigation. The parties' joint status report shall indicate the parties' positions on the continuance of the current stay imposed in this case. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

In the United States Court of Federal Claims
No. 20-413C
(E-Filed: February 11, 2021)
CLARKE HEALTH CARE
PRODUCTS, INC.,
Plaintiff,
v.
THE UNITED STATES,
Defendant.

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ORDER

Pursuant to the court’s August 5, 2020 opinion and Rule 52.2(c) of the Rules of
the United States Court of Federal Claims, the remand in this matter expired on February
1, 2021. See ECF No. 34. The parties were directed to file a notice “within five days
after the conclusion of remand proceedings that sets forth the parties’ positions regarding
whether further litigation of this matter is necessary.” Id. at 10.
On February 9, 2021, the parties filed a joint notice in this case. See ECF No. 58.
Therein, the parties state that defendant “has identified two categories of documents that
should be added to the administrative record,”: (1) “some individual evaluator forms
[that] were not included in the previously-filed administrative record because they existed
in paper form only, and access to those papers was temporarily barred due to coronavirus
concerns”; and (2) “notices of corrective action that the Department of Veterans Affairs
filed with the Government Accountability Office in March 2020 [that] were inadvertently
not included in the record.” Id. at 1. The parties’ notice also states that “all parties agree
that these documents should be part of the administrative record,” and defendant
confirms that it “is unaware of any additional documents that should be included in the
record.” Id. at 2.
Defendant proposes to file these additional documents on or before February 22,
2021. See id. The parties’ notice does not address the remand; however, the parties note
that “[w]hile awaiting the preparation and filing of these documents, the parties would

like to discuss alternative approaches to resolving this case,” and “propose to file a joint
status report regarding the need for further proceedings, and a schedule, on or before
February 22, 2021.” Id.
The court commends the parties for their cooperative efforts toward resolving this
litigation. For the reasons set forth in the parties’ joint notice, the court shall deem the
parties’ joint notice, ECF No. 58, as a joint motion to complete the administrative record;
and, allow the defendant until February 22, 2021, to file these administrative record
documents and for the parties to file a joint status report.
Accordingly:
(1)

The clerk’s office shall DEEM the parties’ joint notice, ECF No. 58, as a
joint motion to complete the administrative record in this case, and filed
by leave of the court the date it was submitted, February 8, 2021;

(2)

Once filed, the parties’ joint motion to complete the administrative record,
ECF No. 58, is GRANTED;

(3)

On or before February 22, 2021, defendant is directed to FILE the
administrative record (supplement) including the documents set forth in
the parties’ joint motion; and

(4)

On or before February 22, 2021, the parties are directed to CONFER and
FILE a joint status report proposing the next steps in this litigation. The
parties’ joint status report shall indicate the parties’ positions on the
continuance of the current stay imposed in this case.

IT IS SO ORDERED.

s/Patricia E. Campbell-Smith
PATRICIA E. CAMPBELL-SMITH
Judge