Order: Motion to Suspend Granted Pending HHS’s Corrective Action — AirBoss Defense Group v. United States

Summary

An Order in AirBoss Defense Group, LLC v. United States, in the United States Court of Federal Claims, with String King Lacrosse LLC as plaintiff-intervenor, filed April 29, 2024, as Document 39. The Order addresses defendant's status report, which contains a motion asking the court to suspend future deadlines (ECF No. 38). The court concurs with defendant that suspension is necessary to avoid the potential for a premature proceeding in this court, and for good cause shown grants the motion to suspend. It temporarily suspends its proceedings pending HHS's corrective action and directs defendant to file a status report by July 29, 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 29, 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 defendant’s status report, which contains a motion asking the court to
suspend future deadlines in this case.  ECF No. 38.  Specifically, defendant “proposes that the
[c]ourt suspend the current schedule until HHS finalizes its corrective action,” to prevent the
possibility of “premature adjudication” in this court.  Id. at 2-3 (internal citation omitted).
Moreover, defendant proposes to “file[] a status report in 90 days” from the date of this order “to
apprise the [c]ourt of whether HHS has completed its corrective action.”  Id. at 4.

Defendant represents that counsel for plaintiff-intervenor, String King Lacrosse LLC,
“has represented that String King has no issue with the schedule proposed by the [g]overnment
with respect to the corrective action, but requests the briefing schedule already approved by the
[c]ourt continue as scheduled simultaneously including the production of an administrative
record.”  Id.  Counsel for plaintiff, AirBoss Defense Group, LLC, represents that “AirBoss joins
String King’s request that the briefing schedule already approved by the [c]ourt continue as
Case 1:24-cv-00365-PSH     Document 39     Filed 04/29/24     Page 1 of 2

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scheduled.”  Id.  Defendant represents that counsel for defendant-intervenor had not responded
as of the time of defendant’s filing.  Id.  Having considered both proposals as to how this case
should proceed, the court concurs with defendant that suspension is necessary to avoid the
potential for a premature proceeding in this court.

For good cause shown, defendant’s motion to suspend is GRANTED.  The court will
temporarily suspend its proceedings in this case pending HHS’s corrective action.  Defendant is
DIRECTED to file a status report by July 29, 2024, to apprise the court of the status of the
corrective action.

It is so ORDERED.

s/ Charles F. Lettow

Charles F. Lettow

Senior Judge

Case 1:24-cv-00365-PSH     Document 39     Filed 04/29/24     Page 2 of 2

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