AMERICAN K-9 DETECTION SERVICES, LLC v. USA

Filing 186

REPORTED OPINION lifting the stay and finding as moot 21 , 46 , 132 , 133 , and 149 . The Clerk is directed enter judgment. Signed by Judge Ryan T. Holte. (mbn) Service on parties made.

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In the United States Court of Federal Claims No. 20-1614 (Filed: 11 April 2024) *************************************** AMERICAN K-9 DETECTION * SERVICES, LLC * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant, * * and * * MICHAEL STAPLETON * ASSOCIATES, LTD. * * Defendant-Intervenor. * * *************************************** HOLTE, Judge. ORDER On 5 May 2022, the Court stayed this case pending the resolution of case No. 23-210, Global K9 Protection Group, LLC v. United States. 5 May 2024 Order at 2, ECF No. 172. On 9 April 2024, in related case No. 23-210, the Court entered judgment and dismissed the case. Global K9 Protection Group, LLC v. United States, No. 23-210 (Fed. Cl. Apr. 9, 2024), ECF No. 143. The following motions are still pending in this case, No. 20-1614: • • • • • AMK9’s Motion for Preliminary Injunction and Motion for Temporary Restraining Order, ECF No. 21; AMK9’s Motion for Hearing, ECF No. 46; The government’s Motion to Dismiss Following Corrective Action, ECF No. 132; MSA’s Motion to Dismiss Following Corrective Action, ECF No. 133; and AMK9’s Motion to Complete the Administrative Record, ECF No. 149. At 19 March 2024 oral argument in case No. 23-210, the parties agreed all Motions in case No. 20-1614 are now moot. See 19 Mar. 2024 Oral Arg. Tr. (“Tr.”) at 149:17–150:12 (“THE COURT: . . . So just to confirm, in that case, . . . for GK9, there’s no pending motions left in . . . 20-1614, everything there is now moot? [GK9]: Yes, Your Honor. THE COURT: [AMK9]? [AMK9]: . . . They’re all moot. . . . THE COURT: [government counsel]? [GOVERNMENT]: Yes, Your Honor.”), ECF No. 135; Global K9 Protection Group, LLC v. United States, No. 23210 (Fed. Cl. Apr. 9, 2024), ECF No. 143 (see Section VII). Accordingly, the Court LIFTS THE STAY in this case and FINDS AS MOOT the following motions ECF Nos. 21, 46, 132, 133, and 149. The Clerk is directed to enter judgment accordingly. IT IS SO ORDERED. s/ Ryan T. Holte RYAN T. HOLTE Judge -2-

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