Order on Notice of Corrective Action and Motion to Suspend — AirBoss Defense Group, LLC v. United States

Summary

An Order in AirBoss Defense Group, LLC v. United States, in the United States Court of Federal Claims, filed April 1, 2024, as Document 28. The Order addresses defendant's notice of corrective action and motion to suspend future deadlines (ECF No. 27). In that notice, defendant provides notice that the Department of Health and Human Services (HHS) intends to take corrective action that defendant believes moots the protest. For good cause shown, the court grants the motion to suspend and temporarily suspends its proceedings. It directs the parties to file a joint status report on or before April 15, 2024. The Order is signed s/ Charles F. Lettow, Senior Judge.

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In the United States Court of Federal Claims
No. 24-365

 (Filed: April 1, 2024)

AIRBOSS DEFENSE GROUP, LLC,

Plaintiff,

v.

UNITED STATES,

Defendant,

NEW YORK EMBROIDERY
STUDIO, INC.

Defendant-Intervenor.

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ORDER

Pending before the court is defendant’s notice of corrective action and motion to suspend
future deadlines.  ECF No. 27.  Defendant “provides notice that the Department of Health and
Human Services (HHS) intends to take corrective action in this case” which defendant believes
“moots this protest.”  Id. at 1-2.  As such, defendant notes that if plaintiff “has not moved to
voluntarily dismiss this case by April 12, 2024, pursuant to Court of Federal Claims Rule 41(a),
the United States will file a motion to dismiss for lack of subject-matter jurisdiction due to
mootness.”  Id. at 2.  Therefore, defendant requests “the suspension of all upcoming deadlines in
this case,” as set forth in this court’s March 25, 2024 scheduling order, ECF No. 25.  Id. at 2.
Defendant indicates that neither plaintiff nor defendant-intervenor oppose the suspension of
future deadlines to allow the court to consider a motion to dismiss filed by the government.  Id.1

1 The court notes that plaintiff has indicated “that it reserves the right to move the [c]ourt
to re-issue the [s]cheduling [o]rder after [plaintiff] has reviewed the [g]overnment’s motion to
dismiss.”  Id.
Case 1:24-cv-00365-PSH     Document 28     Filed 04/01/24     Page 1 of 2

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For good cause shown, defendant’s motion to suspend is GRANTED.  The court will
temporarily suspend its proceedings in this case.  The parties are DIRECTED to file a joint status
report on or before April 15, 2024.

It is so ORDERED.

s/ Charles F. Lettow

Charles F. Lettow

Senior Judge

Case 1:24-cv-00365-PSH     Document 28     Filed 04/01/24     Page 2 of 2

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