PERATON INC. v. USA
| PERATON INC. |
| USA |
| LEIDOS INC. |
| 1:2022cv01434 |
| October 3, 2022 |
| United States Federal Claims Court |
| Armando O Bonilla |
| Contract - (Post Award) Injunction |
| 28 U.S.C. § 1491 Tucker Act |
| None |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 **CORRECTED SEALED**TRANSCRIPT of Proceedings held on October 6, 2022 before Judge Armando O. Bonilla. Total No. of Pages: 1-50. #Procedures Re: Electronic Transcripts and Redactions. For parties in the case only, to order a copy of the transcript, click #HERE. (ew) |
Filing 40
ORDER: The Clerk is directed to CORRECT the #37 transcript for the status conference conducted on October 6, 2022. The corrected transcript shall be REFILED as corrected (under seal). Signed by Judge Armando O. Bonilla. (ead) Service on parties made.
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| Filing 39 CORRECTED **SEALED**TRANSCRIPT of Proceedings held on October 17, 2022 before Judge Armando O. Bonilla. Total No. of Pages: 1-201.For parties in the case only, to order a copy of the transcript, click #HERE. (ew) Modified on 11/4/2022 (ew). |
| Filing 38 Notice of Filing of Certified Transcript for proceedings held on October 17, 2022 in Washington, D.C. (ew) |
| Filing 37 **SEALED**TRANSCRIPT of Proceedings held on October 6, 2022 before Judge Armando O. Bonilla. Total No. of Pages: 1-50.For parties in the case only, to order a copy of the transcript, click #HERE. (ew) |
| Filing 36 Notice of Filing of Certified Transcript for proceedings held on October 6, 2022 in Washington, D.C. (ew) |
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Filing 35
ORDER: The Clerk is directed to CORRECT the #33 transcript for the oral argument conducted on October 17, 2022. The corrected transcript shall be REFILED as corrected (under seal). Signed by Judge Armando O. Bonilla. (ead) Service on parties made.
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| Filing 34 **ENTERED IN ERROR** Notice of Filing of Certified Transcript for proceedings held on October 11, 2022 in Washington, D.C. (ew) Modified on 11/2/2022 (ew). |
| Filing 33 **SEALED**TRANSCRIPT of Proceedings held on October 17, 2022 before Judge Armado O. Bonilla. Total No. of Pages: 1-201.For parties in the case only, to order a copy of the transcript, click #HERE. (ew) |
| Filing 32 Notice of Filing of Certified Transcript for proceedings held on October 17, 2022 in Washington, D.C. (ew) |
| Filing 31 JUDGMENT entered (in this and Case No. 22-1435), pursuant to Rule 58, in favor of defendant. No costs. (Service on parties made.) (dls) |
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Filing 30
Order: Plaintiff's #29 Motion to Supplement the Administrative Record is GRANTED-IN-PART and DENIED-IN-PART as follows: Plaintiff's motion is CONSTRUED as a Motion to Complete the Administrative Record with regard to the documents identified as Exhibit Nos. 2-3 and Exhibit 4 (without attachment) and is GRANTED without objection by defendant or defendant-intervenor. Plaintiff's Motion to Supplement the Administrative Record is DENIED with regard to Exhibit Nos. 8-14; nevertheless, because the proffered documents were attached to plaintiff's #1 complaint, although not part of the Administrative Record, the documents were taken into account by the Court in considering Plaintiff's Motion for Declaratory Judgment. #5 Plaintiff's Motion for Declaratory Judgment is DENIED. #26 Defendant and #27 Defendant-Intervenor's Cross-Motions for Judgment on the Administrative Record are GRANTED. The Clerk is directed to ENTER Judgment for the defendant. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.
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| 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. 10/17/2022 through 10/17/2022 before Judge Armando O. Bonilla: Oral Argument. [Total number of days of proceeding: 1] Approximate duration of proceeding: More than 3 hours. Official record of proceeding taken by court reporter. To order a certified transcript or an audio recording of the proceeding, click #HERE.(ead) |
| Filing 29 **SEALED** MOTION to Supplement the Administrative Record, filed by PERATON INC..Response due by 10/28/2022. (Attachments: #1 Exhibit Proposed Supplemental Administrative Record)(Connelly, Kevin) |
| Filing 28 **SEALED**REPLY to Response to Motion re #5 MOTION for Declaratory Judgment MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , filed by PERATON INC.(Connelly, Kevin) Modified on 10/14/2022 - corrected docket entry (jt1). |
| Filing 27 **SEALED**RESPONSE to #5 MOTION for Declaratory Judgment MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Cross-Motion for Judgment on the Administrative Record, filed by LEIDOS INC..Reply due by 10/19/2022.(McCullough, James) |
| Filing 26 **SEALED**RESPONSE to #5 MOTION for Declaratory Judgment MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , filed by USA.Reply due by 10/18/2022. (Attachments: #1 Exhibit)(Kerr, David) |
| Filing 25 **SEALED**ADMINISTRATIVE RECORD , filed by USA. (Attachments: #1 Appendix)(Kerr, David) |
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Filing 24
ORDER #5 plaintiff's Motion for Declaratory Judgment, Motion for a Temporary Restraining Order, and Motion for a Preliminary Injunction is DENIED-IN-PART and DEFERRED-IN-PART: Plaintiff's Motion for a Temporary Restraining Order and Motion for Preliminary Injunction are DENIED; and Plaintiff's Motion for Declaratory Judgment is DEFERRED until October 17, 2022. The Clerk is directed to FILE the recording and transcript of the October 6, 2022 Status Conference Under Seal. All remaining deadlines included in the Court's October 5, 2022 #14 Order remain unchanged. Signed by Judge Armando O. Bonilla.
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| 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. 10/6/2022 through 10/6/2022 before Judge Armando O. Bonilla: Status Conference. [Total number of days of proceeding: 1] Approximate duration of proceeding: 2 hours. Official record of proceeding taken by court reporter. To order a certified transcript or an audio recording of the proceeding, click #HERE.(ead) |
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Filing 23
ORDER: for the reasons stated on the record during the October 5, 2022 Status Conference, and for good cause shown, the seven Applications for Access to Protected Material (ECF Nos. #16 - #22 ) are GRANTED; and a Status Conference is SCHEDULED for Thursday, October 6, 2022, at 4:30 PM (EST). The proceeding will be held via Cisco Meeting Server (CMS) and counsel for each party will be provided with the dial-in information. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.
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| Filing 22 APPLICATION for Access to Protected Material by Alexander B. Ginsberg, filed by LEIDOS INC..Response due by 10/7/2022.(McCullough, James) |
| Filing 21 APPLICATION for Access to Protected Material by Katherine L. St.. Romain, filed by LEIDOS INC..Response due by 10/7/2022.(McCullough, James) |
| Filing 20 APPLICATION for Access to Protected Material by Michael J. Anstett, filed by LEIDOS INC..Response due by 10/7/2022.(McCullough, James) |
| Filing 19 APPLICATION for Access to Protected Material by James J. McCullough, filed by LEIDOS INC..Response due by 10/7/2022.(McCullough, James) |
| Filing 18 APPLICATION for Access to Protected Material by Jeffrey M. Lowry, filed by PERATON INC..Response due by 10/7/2022.(Connelly, Kevin) |
| Filing 17 APPLICATION for Access to Protected Material by Kelly E. Buroker, filed by PERATON INC..Response due by 10/7/2022.(Connelly, Kevin) |
| Filing 16 APPLICATION for Access to Protected Material by Kevin P. Connelly, filed by PERATON INC..Response due by 10/7/2022.(Connelly, Kevin) |
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Filing 15
PROTECTIVE ORDER #14 Order. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.
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Filing 14
ORDER: By consent of all parties, Peraton Inc. v. United States, No. 22-1434C (Fed. Cl.), and Peraton Inc. v. United States, No. 22-1435C (Fed. Cl.), are CONSOLIDATED. The Clerk is directed to DESIGNATE Peraton Inc. v. United States, No. 22-1434C (Fed. Cl.), as the LEAD case. #3 Motion for Leave to File Under Seal is GRANTED. #4 Motion for a Protective Order is GRANTED. #12 Motion to Intervene is GRANTED. A Status Conference is SCHEDULED for Wednesday, October 5, 2022, at 4:00 PM (EST) . The proceeding will be held via Cisco Meeting Server (CMS) and counsel for each party will be provided with the dial-in information. Defendant shall FILE the Administrative Record in this case on or before Friday, October 7, 2022. Defendant shall FILE a Response to Plaintiff's Motion for Declaratory Judgment, Motion for a Temporary Restraining Order, and a Motion for a Preliminary Injunction (ECF Nos. 5-6) on or before Tuesday, October 11, 2022, at 12:00 P.M. (EST). Defendant-Intervenor shall FILE a Response to Plaintiff's Motion for Declaratory Judgment, Motion for a Temporary Restraining Order, and a Motion for a Preliminary Injunction (ECF Nos. 5-6) on or before Wednesday, October 12, 2022, at 12:00 P.M. (EST). Plaintiff shall FILE a Consolidated Reply to Defendants and Defendant-Intervenor's Response to Plaintiffs Motion for Declaratory Judgment, Motion for a Temporary Restraining Order, and a Motion for a Preliminary Injunction (ECF Nos. 5-6) on or before Friday, October 14, 2022, at 12:00 P.M. (EST). Oral argument is SCHEDULED for Monday, October 17, 2022, at 10:00 AM (EST). The proceeding will be held at the Howard T. Markey National Courts Building, 717 Madison Place, N.W., Washington, D.C. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.
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| Minute Entry - Was the proceeding sealed to the public? No. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 10/5/2022 through 10/5/2022 before Judge Armando O. Bonilla: Status Conference. [Total number of days of proceeding: 1] Approximate duration of proceeding: 30 minutes. Official record of proceeding taken by court reporter. To order a certified transcript or an audio recording of the proceeding, click #HERE.(ead) |
| Filing 13 Rule 7.1 Disclosure Statement , filed by LEIDOS INC.. (McCullough, James) |
| Filing 12 Unopposed MOTION to Intervene , filed by LEIDOS INC..Response due by 10/18/2022.(McCullough, James) |
| Filing 11 NOTICE of Appearance by David M. Kerr for USA . (Kerr, David) |
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Filing 10
ORDER: the Court hereby SCHEDULES a Status Conference for Tuesday, October 4, 2022, at 4:00 PM eastern time . the proceeding will be held via Cisco Meeting Server (CMS) and counsel for each party will be provided wit the dial-in information. Status Conference set for 10/4/2022 04:00 PM in Chambers (Telephonic) before Judge Armando O. Bonilla. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.
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| Filing 9 NOTICE of Designation of Electronic Case. (py) |
| Filing 8 Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge Armando O. Bonilla. (py) |
| Minute Entry - Was the proceeding sealed to the public? No. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 10/4/2022 through 10/4/2022 before Judge Armando O. Bonilla: Status Conference. [Total number of days of proceeding: 1] Approximate duration of proceeding: 1 hour. Official record of proceeding taken by court reporter. To order a certified transcript or an audio recording of the proceeding, click #HERE.(ead) |
| Filing 7 Rule 7.1 Disclosure Statement, filed by PERATON INC.. (py) |
| Filing 6 **SEALED** MEMORANDUM re: #5 Motion for Declaratory Judgment, Motion for TRO, Motion for Preliminary Injunction, filed by PERATON INC. (py) |
| Filing 5 **SEALED** MOTION for Declaratory Judgment, MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, filed by PERATON INC..Response due by 10/17/2022. (py) |
| Filing 4 MOTION for Protective Order, filed by PERATON INC.. Response due by 10/17/2022.(py) |
| Filing 3 MOTION to Seal Document #1 Complaint,, filed by PERATON INC.. Response due by 10/17/2022.(py) |
| Filing 2 **SEALED**PROPOSED REDACTED DOCUMENT, filed by PERATON INC.. Redaction of #1 Complaint, FILED UNDER SEAL. (py) |
| Filing 1 **SEALED**COMPLAINT against USA (HHS) (Filing fee $402, Receipt number AUSFCC-8222365) (Copy Served Electronically on Department of Justice), filed by PERATON INC..Answer due by 12/2/2022. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(py) |
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