Pending before the court is plaintiff and plaintiff-intervenor’s joint motion to reinstate the

Summary

An order filed May 6, 2024 as Document 42 in AirBoss Defense Group, LLC and String King Lacrosse LLC v. United States and New York Embroidery Studio, Inc., No. 24-365, in the United States Court of Federal Claims. It addresses the joint motion of plaintiff and plaintiff-intervenor, ECF No. 41, to reinstate the requirement that the government file the administrative record under the April 22, 2024 scheduling order. The order summarizes the movants' contentions, including that they filed their protests because HHS did not take corrective action it told the Government Accountability Office it would take, and notes the movants' statement that defendant indicated it does not consent. The court keeps all other proceedings suspended, grants the motion, and directs defendant to file the administrative record by May 10, 2024. The two-page order is signed by Senior Judge Charles F. Lettow.

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       Case 1:24-cv-00365-PSH            Document 42        Filed 05/06/24      Page 1 of 2




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

                                        (Filed: May 6, 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.          )
                                                )

                                              ORDER

        Pending before the court is plaintiff and plaintiff-intervenor’s joint motion to reinstate the
requirement for defendant to file the administrative record in this case. ECF No. 41. Plaintiff
and plaintiff-intervenor move the court to “reinstate in part the [c]ourt’s April 22, 2024
[s]cheduling [o]rder (ECF No. 36) and direct the [g]overnment to file the administrative record
on or before May 10, 2024.” Id. at 1. Plaintiff and plaintiff-intervenor provide three contentions
in support of their motion. First, they aver that “as the [c]ourt recognized in its April 29 [o]rder,
[d]efendant’s April 26, 2024 [s]tatus [r]eport was, in fact, a motion.” Id. at 2. Second, they
assert that “nothing changed in the four days between the [c]ourt’s April 22, 2024 [s]cheduling
[o]rder (ECF No. 36), which directed the [g]overnment to file the administrative record on May
3, and [d]efendant’s April 26 [s]tatus [r]eport.” Id. Finally, plaintiff and plaintiff-intervenor
articulate that they “were forced to file the instant protests because HHS failed to take the
corrective action that it told the Government Accountability Office (‘GAO’) it would take on
October 23, 2023.” Id. at 4.
       Case 1:24-cv-00365-PSH           Document 42        Filed 05/06/24      Page 2 of 2




        Plaintiff and plaintiff-intervenor acknowledge that they “appreciate the [c]ourt’s desire to
avoid needless litigation, and do[] not oppose a temporary suspension of further litigation,
including briefing on cross-motions for judgment on the administrative record,” but nonetheless
assert that “[p]roceeding with the filing of the administrative record, however, imposes no
burden whatsoever on the [g]overnment or the [c]ourt.” Id. at 4. Plaintiff and plaintiff-
intervenor indicate that they have notified defendant and defendant-intervenor of this motion,
and that “[d]efendant indicated that it does not consent to [p]laintiffs’ [m]otion,” while
defendant-intervenor “indicated that it had no position on the issue and defers to the [c]ourt’s
preference.” Id. at 5.

         Ultimately, while the court maintains that all other proceedings in this case will remain
suspended, the court concurs with plaintiff and plaintiff-intervenor’s assertion that “reinstating
the requirement to file the administrative record will facilitate the orderly resolution of these
protests,” and that reinstating this requirement ought not pose an undue burden to defendant,
given that plaintiff “filed its [c]omplaint two months ago, and the administrative record was due
on May 3, so the record presumably has been assembled and all that is left is the ministerial task
of filing it with the [c]ourt.” Id. at 4-5.

       For good cause shown, plaintiff and plaintiff-intervenor’s motion to reinstate the
requirement that defendant file the administrative record in this case is GRANTED. Defendant
is DIRECTED to file the administrative record for this case by May 10, 2024.

       It is so ORDERED.

                                              s/ Charles F. Lettow
                                              Charles F. Lettow
                                              Senior Judge




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