Order: Partial Consent Motion for Extension of Time to File the Administrative Record Granted (Document 44)

Summary

In this Order (Document 44, filed 05/08/24, Court of Federal Claims No. 24-365), the court takes up the defendant's partial consent motion for extension of time to file the administrative record. The defendant asks to extend the deadline by fourteen days, to and including May 24, 2024, and the plaintiff and plaintiff-intervenor are stated to consent on the condition that the government provides a draft index of the Administrative Record and does not seek to avoid filing it based on intervening events. The defendant objects to the second condition. The court grants the motion and directs the defendant to file the administrative record by May 24, 2024, and directs the parties to confer regarding intervening events and, if necessary, file a joint status report.

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

 (Filed: May 8, 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

Pending before the court is defendant’s partial consent motion for extension of time to
file the administrative record in this case.  ECF No. 43.  Defendant requests the court to “extend
the deadline to file the administrative record by fourteen days, to and including May 24, 2024.”
Id. at 1.  Defendant represents that good cause exists for the extension, as “significant additional
work is required to complete gathering documents that are part of the record in this case,” the
planned corrective action “limits the time available for contracting personnel to gather
administrative record documents to complete the administrative record,” “additional time is
requested to allow time to process and Bates-stamp the administrative record once it is compiled
by the agency,” and “lead counsel for the United States is currently out of the office on pre-
planned international travel, and will return on May 13, 2024.”  Id. at 1-2.

Defendant represents that it has “conferred with the other parties regarding the relief
requested in this motion” and that “defendant-intervenor consents to the requested extension,”
Case 1:24-cv-00365-PSH     Document 44     Filed 05/08/24     Page 1 of 2

2

while plaintiff and plaintiff-intervenor “will consent to the extension on the condition that: (1)
the Government provides the parties with a draft index of the Administrative Record on Friday
that at least identifies the documents that HHS knows will be included in the record; and (2) the
Government will not seek to avoid filing the Administrative Record on May 24 based on any
intervening events, including any decisions or announcements by HHS regarding corrective
action.”  Id. at 2-3.  While defendant “has provided a draft index of the currently compiled
documents to the other parties subject to the protective order, recognizing that the contents are
subject to review and change before completion of the final administrative record index,”
pursuant to plaintiffs’ first condition, defendant objects to their second condition.  Id. at 3.
Specifically, defendant notes that “the United States does not agree that it would be appropriate
to commit to filing the administrative record regardless of any intervening events, including
events that may moot the case.”  Id.

For good cause shown, defendant’s partial consent motion for extension of time to file
the administrative record is GRANTED.  Defendant is DIRECTED to file the administrative
record in this case by May 24, 2024.  Additionally, the parties are DIRECTED to confer
regarding any intervening events that may impact defendant’s willingness to file the
administrative record and, if necessary, apprise the court accordingly via a joint status report.

It is so ORDERED.

s/ Charles F. Lettow

Charles F. Lettow

Senior Judge

Case 1:24-cv-00365-PSH     Document 44     Filed 05/08/24     Page 2 of 2

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