COLONNA'S SHIPYARD, INC. v. USA

Filing 39

Order. For the reasons provided in the 38 memorandum opinion filed concurrently with this Order, the defendant's motion to dismiss Count II of the complaint insofar as it raises a claim based on an implied contract of fair dealing is GRANTED, and the defendant's motion for judgment on the administrative record is GRANTED. The plaintiff's cross-motion for judgment on the administrative record is DENIED. The Clerk is directed to enter judgment for the defendant. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

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In the United States Court of Federal Claims No. 20-1385 Filed: February 17, 2021 COLONNA’S SHIPYARD, INC., Plaintiff, v. UNITED STATES, Defendant. ORDER For the reasons provided in the memorandum opinion filed concurrently with this Order, the defendant’s motion to dismiss Count II of the complaint insofar as it raises a claim based on an implied contract of fair dealing is GRANTED, and the defendant’s motion for judgment on the administrative record is GRANTED. The plaintiff’s cross-motion for judgment on the administrative record is DENIED. The parties shall meet and confer and file a joint status report proposing redactions to the memorandum opinion by March 5, 2021 to allow the Court to file a public version of the opinion. The Clerk is DIRECTED to enter judgment for the defendant. No costs are awarded. It is so ORDERED. s/ Richard A. Hertling Richard A. Hertling Judge

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