Order on Joint Status Report and Motion for Scheduling Order — Airboss Defense Group v. United States

Summary

Order dated April 22, 2024, in AIRBOSS DEFENSE GROUP, LLC v. UNITED STATES, No. 24-365, U.S. Court of Federal Claims, with STRING KING LACROSSE LLC as Plaintiff-Intervenor and NEW YORK EMBROIDERY STUDIO, INC. as Defendant-Intervenor. The parties' joint status report (ECF No. 34) says HHS intends to reconsider its competitive range determination and solicit revised final proposals. The government says corrective action moots the protest and proposes a motion to dismiss schedule; Plaintiff proposes a motion for judgment on the administrative record schedule. Having considered both proposals, the court adopts plaintiff's proposed schedule, and the order is marked s/ Charles F. Lettow, Senior Judge.

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

 (Filed: April 22, 2024)

AIRBOSS DEFENSE GROUP, LLC,

Plaintiff,

          and

STRING KING LACROSSE LLC,

                       Plaintiff-Intervenor,

v.

UNITED STATES,

Defendant,

          and

NEW YORK EMBROIDERY
STUDIO, INC.

Defendant-Intervenor.

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ORDER

Before the court is the parties’ joint status report (“JSR”) and motion for a scheduling
order.  ECF No. 34.  In their JSR, the parties explain that “HHS now intends to reconsider its
competitive range determination within the next thirty days, issue an amendment to the
solicitation revising the current requirements, engage in discussions as needed, and solicit
revised final proposals. Thereafter, HHS will make a new award decision.”  Id. at 1-2.

The parties disagree as to how the case should proceed in light of this development.  The
government avers that “this corrective action moots this protest,” and as such proposes a motion
to dismiss briefing schedule.  Id. at 2.  Plaintiff, on the other hand, “believes that resolution of
the Government’s motion to dismiss depends entirely on the results of the actions that the
Government has stated HHS will take,” and as such proposes a motion for judgment on the
administrative record briefing schedule.  Id. at 2-3.  Plaintiff-intervenor “represents that it
endorses the schedule proposed by ADG and would file its briefs on the dates proposed for ADG
Case 1:24-cv-00365-PSH     Document 36     Filed 04/22/24     Page 1 of 2

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to file its briefs.”  Id. at 3.  Defendant-intervenor “represents that it has no opposition to either
proposed schedule and defers to the Court’s judgment on efficiency and convenience to the
Court.”  Id. at 4.

Having considered both proposals, the court adopts plaintiff’s proposed schedule, as
follows:

                                      Event

Plaintiff-Intervenor StringKing files complaint

Government files the Administrative Record Responding to
ADG’s Protest and Providing the Details of the Agency’s
Corrective Action, including any new competitive range
determination, solicitation amendment, and discussion letters

Plaintiff and Plaintiff-Intervenor file Motions for Judgment on the
Administrative Record (“MJAR”)

Government and Defendant-Intervenor file Oppositions to Plaintiff
and Plaintiff-Intervenor’s MJARs and file Cross-MJARs

Plaintiff and Plaintiff-Intervenor file Replies in Support of their
MJARs and file Oppositions to the Government and Defendant-
Intervenor’s MJARs

Government and Defendant-Intervenor file Replies in Support of
their MJARs

       Date

April 23, 2024

May 3, 2024

May 24, 2024

June 14, 2024

June 28, 2024

July 8, 2024

It is so ORDERED.

s/ Charles F. Lettow

Charles F. Lettow

Senior Judge

Case 1:24-cv-00365-PSH     Document 36     Filed 04/22/24     Page 2 of 2

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