THALLE/NICHOLSON JOINT VENTURE v. USA
Plaintiff: THALLE/NICHOLSON JOINT VENTURE
Defendant: USA
Intervenor Defendant: SHIMMICK CONSTRUCTION COMPANY, INC.
Case Number: 1:2022cv00755
Filed: July 12, 2022
Court: United States Federal Claims Court
Presiding Judge: Thompson M Dietz
Nature of Suit: Contract - (Post Award) Injunction
Cause of Action: 28 U.S.C. § 1491 Tucker Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2022 Opinion or Order Filing 47 ORDER granting #45 Defendant's Motion to Amend/Correct Administrative Record. Defendant shall file a corrected administrative record by 9/12/2022. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
September 7, 2022 Opinion or Order Filing 46 **SEALED** MOTION to Dismiss pursuant to Rule 12(b)(1) (Response due by 10/5/2022.), MOTION for Judgment on the Administrative Record , filed by USA. (Attachments: #1 Exhibit Ex. 1 - Declaration of Stacy Gray, #2 Exhibit Ex. 2 - Declaration of Shari Brandt)(Jordan, Brendan)
September 7, 2022 Opinion or Order Filing 45 **SEALED**Unopposed MOTION to Amend/Correct #28 Administrative Record, #29 Administrative Record, #26 Administrative Record, #24 Administrative Record, #30 Administrative Record, #23 Administrative Record, #22 Administrative Record, #21 Administrative Record, #27 Administrative Record, #25 Administrative Record , filed by USA.Response due by 9/21/2022. (Attachments: #1 Appendix)(Jordan, Brendan)
September 7, 2022 Opinion or Order Filing 44 **SEALED**Unopposed MOTION to Supplement the Administrative Record, filed by SHIMMICK CONSTRUCTION COMPANY, INC..Response due by 9/21/2022. (Ruscitti, Giovanni)
September 7, 2022 Opinion or Order Filing 43 **SEALED**CROSS MOTION and RESPONSE to #36 Motion for Judgment on the Administrative Record filed by THALLE/NICHOLSON JOINT VENTURE, filed by SHIMMICK CONSTRUCTION COMPANY, INC..Response due by 10/5/2022. (Attachments: #1 Appendix M. Rawlinson Declaration)(Ruscitti, Giovanni)
September 2, 2022 Opinion or Order Filing 42 ORDER granting #41 Defendant-Intervenor's request to withdraw #37 Application for Access to Protected Material by Andrew W. Hawthorne. The Clerk is directed to withdraw ECF No. 37 from the docket. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
September 1, 2022 Opinion or Order Filing 41 REPLY to Response to Motion re #37 APPLICATION for Access to Protected Material by Andrew W. Hawthorne Reply to Plaintiff's Response to Andrew W. Hawthorne's Application for Access to Protected Material, filed by SHIMMICK CONSTRUCTION COMPANY, INC.. (Ruscitti, Giovanni)
September 1, 2022 Opinion or Order Filing 40 RESPONSE to #38 Response , filed by USA. (Jordan, Brendan)
August 29, 2022 Opinion or Order Filing 39 SCHEDULING ORDER that Defendant and Defendant-Intervenor shall file replies to #38 Plaintiff's Response to Andrew W. Hawthorne's Application for Access to Protected Material. Defendant's and Defendant-Intervenor's Reply due by 9/1/2022. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
August 26, 2022 Opinion or Order Filing 38 RESPONSE to #37 Application for Access to Protected Material Objection to Protective Order Application of Andrew W. Hawthorne, filed by THALLE/NICHOLSON JOINT VENTURE. (Scott, Jacob)
August 25, 2022 Opinion or Order Filing 37 WITHDRAWN PURSUANT TO ORDER ECF #42 .APPLICATION for Access to Protected Material by Andrew W. Hawthorne, filed by SHIMMICK CONSTRUCTION COMPANY, INC..Response due by 8/29/2022.(Ruscitti, Giovanni) Modified on 9/2/2022 (sh).
August 24, 2022 Opinion or Order Filing 36 **SEALED** MOTION for Judgment on the Administrative Record , filed by THALLE/NICHOLSON JOINT VENTURE.Response due by 9/07/2022. (Scott, Jacob) Modified on 9/1/2022 to correct the response due date (sh).
August 10, 2022 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time. Plaintiff's Motion for Judgment on the Administrative Record ("MJAR") due by 8/24/2022. Defendant and Defendant-Intervenor's combined Response to MJAR and Cross-MJAR due by 9/7/2022. Plaintiff's combined Reply and Response to Cross-MJAR due by 9/14/2022. Defendant and Defendant-Intervenor's Reply due by 9/21/2022. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
August 9, 2022 Opinion or Order Filing 34 Consent MOTION for Extension of Time until August 24, 2022 to Plaintiff's Motion for Judgment on the Administrative Record , filed by THALLE/NICHOLSON JOINT VENTURE.Response due by 8/23/2022.(Scott, Jacob)
August 9, 2022 Opinion or Order Filing 33 ORDER Striking #18 Notice of Appearance. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
August 8, 2022 Opinion or Order Filing 32 ORDER granting #31 Motion for Leave to File Out of Time. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
August 4, 2022 Opinion or Order Filing 31 Unopposed MOTION for Leave to File Attached Administrative Record Out of Time , filed by USA.Response due by 8/18/2022.(Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 30 **SEALED**ADMINISTRATIVE RECORD Part 9 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 29 **SEALED**ADMINISTRATIVE RECORD Part 8 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 28 **SEALED**ADMINISTRATIVE RECORD Part 7 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 27 **SEALED**ADMINISTRATIVE RECORD Part 6 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 26 **SEALED**ADMINISTRATIVE RECORD Part 5 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 25 **SEALED**ADMINISTRATIVE RECORD Part 4 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 24 **SEALED**ADMINISTRATIVE RECORD Part 3 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 23 **SEALED**ADMINISTRATIVE RECORD Part 2 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 22 **SEALED**ADMINISTRATIVE RECORD Part 1 of 9, filed by USA. (Jordan, Brendan)
August 4, 2022 Opinion or Order Filing 21 **SEALED**ADMINISTRATIVE RECORD Notice and Index, filed by USA. (Attachments: #1 Exhibit)(Jordan, Brendan)
July 27, 2022 Opinion or Order Filing 20 APPLICATION for Access to Protected Material by BENJAMIN F. SILFEN, filed by SHIMMICK CONSTRUCTION COMPANY, INC..Response due by 7/29/2022.(Silfen, Benjamin)
July 27, 2022 Opinion or Order Filing 19 APPLICATION for Access to Protected Material by BENJAMIN F. SILFEN, filed by SHIMMICK CONSTRUCTION COMPANY, INC..Response due by 7/29/2022.(Silfen, Benjamin)
July 27, 2022 Opinion or Order Filing 18 **STRICKEN** Pursuant to #33 Order dated 8/9/22. NOTICE, filed by SHIMMICK CONSTRUCTION COMPANY, INC. re #11 Notice of Appearance . (Silfen, Benjamin)
July 19, 2022 Opinion or Order Filing 17 APPLICATION for Access to Protected Material by Jacob W. Scott, filed by THALLE/NICHOLSON JOINT VENTURE.Response due by 7/21/2022.(Scott, Jacob)
July 19, 2022 Opinion or Order Filing 16 APPLICATION for Access to Protected Material by Shoshana E. Rothman, filed by THALLE/NICHOLSON JOINT VENTURE.Response due by 7/21/2022.(Scott, Jacob)
July 19, 2022 Opinion or Order Filing 15 APPLICATION for Access to Protected Material by Lochlin B. Samples, filed by THALLE/NICHOLSON JOINT VENTURE.Response due by 7/21/2022.(Scott, Jacob)
July 19, 2022 Opinion or Order Filing 14 APPLICATION for Access to Protected Material by Giovanni M. Ruscitti, filed by SHIMMICK CONSTRUCTION COMPANY, INC..Response due by 7/21/2022.(Ruscitti, Giovanni)
July 18, 2022 Opinion or Order Filing 13 PROTECTIVE ORDER. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
July 18, 2022 Opinion or Order Filing 12 SCHEDULING ORDER granting #3 Motion to Seal Document; granting #4 Motion for Protective Order; granting #10 Motion to Intervene. Administrative Record due by 8/3/2022. Plaintiff's Motion for Judgment on the Administrative Record ("MJAR") due by 8/17/2022. Defendant's and Defendant-Intervenor's combined Response to MJAR and Cross-MJAR due by 8/31/2022. Plaintiff's combined Reply and Response to Cross-MJAR due by 9/7/2022. Defendant's and Defendant-Intervenor's Reply due by 9/14/2022. Oral Argument set for 9/28/2022 at 10:30 AM in National Courts Building before Judge Thompson M. Dietz. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
July 15, 2022 Opinion or Order Filing 11 NOTICE of Appearance by Giovanni M. Ruscitti for SHIMMICK CONSTRUCTION COMPANY, INC. . (Ruscitti, Giovanni)
July 15, 2022 Opinion or Order Filing 10 Unopposed MOTION to Intervene , filed by SHIMMICK CONSTRUCTION COMPANY, INC..Response due by 7/29/2022. (Attachments: #1 Text of Proposed Order Proposed Order Granting Proposed Defendant Intervenor Shimmick Construction Company, Inc.'s Unopposed Motion to Intervene, #2 Certificate of Service of Unopposed Motion and Memorandum of Points and Authorities in Support of Unopposed Motion)(Ruscitti, Giovanni)
July 14, 2022 Opinion or Order Minute Entry - Was the proceeding sealed to the public? Yes. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. (Telephonic) on 7/13/2022 before Judge Thompson M. Dietz: Status Conference. [Total number of days of proceeding: 1] Approximate duration of proceeding: 10 minutes. Official record of proceeding taken by court reporter. To order a certified transcript or an audio recording of the proceeding, click #HERE.(brs)
July 13, 2022 Opinion or Order Filing 9 NOTICE of Appearance by Brendan David Jordan for USA . (Jordan, Brendan)
July 13, 2022 Opinion or Order Filing 8 STATUS CONFERENCE ORDER. Status Conference set for 7/13/2022 at 02:00 PM in Chambers (Telephonic) before Judge Thompson M. Dietz. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
July 12, 2022 Opinion or Order Filing 7 NOTICE of Designation of Electronic Case. (sh)
July 12, 2022 Opinion or Order Filing 6 Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge Thompson M. Dietz. (sh)
July 12, 2022 Opinion or Order Filing 5 Rule 7.1 Disclosure Statement, filed by THALLE/NICHOLSON JOINT VENTURE. Service: 7/12/2022.(sh)
July 12, 2022 Opinion or Order Filing 4 MOTION for Protective Order, filed by THALLE/NICHOLSON JOINT VENTURE. Service: 7/12/2022. Response due by 7/26/2022. (Attachments: #1 Text of Proposed Order)(sh)
July 12, 2022 Opinion or Order Filing 3 MOTION to Seal Document #1 Complaint, #2 Proposed Redacted Document, filed by THALLE/NICHOLSON JOINT VENTURE. Service: 7/12/2022. Response due by 7/26/2022.(sh)
July 12, 2022 Opinion or Order Filing 2 **SEALED**PROPOSED REDACTED DOCUMENT, filed by THALLE/NICHOLSON JOINT VENTURE. Redaction of #1 Complaint, FILED UNDER SEAL. (Attachments: #1 Proposed Redacted complaint w/ Highlights) Service: 7/12/2022.(sh)
July 12, 2022 Opinion or Order Filing 1 **SEALED**COMPLAINT against USA (ARM) (Filing fee $402, Receipt number AUSFCC-8023500) (Copy Served Electronically on Department of Justice), filed by THALLE/NICHOLSON JOINT VENTURE. Answer due by 9/12/2022. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(sh)

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Plaintiff: THALLE/NICHOLSON JOINT VENTURE
Represented By: Jacob W. Scott
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Defendant: USA
Represented By: Brendan David Jordan
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Intervenor defendant: SHIMMICK CONSTRUCTION COMPANY, INC.
Represented By: Giovanni M. Ruscitti
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