Georgia Vocational Rehabilitation Agency Business Enterprise Program et al v. United States of America
| Georgia Vocational Rehabilitation Agency Business Enterprise Program and Michael C Lee |
| United States of America |
| Scott-Grace Management |
| 4:2018cv00148 |
| November 26, 2018 |
| US District Court for the Eastern District of Virginia |
| Lawrence R Leonard |
| Henry C Morgan |
| Other Statutory Actions |
| 18 U.S.C. § 1345 |
| None |
Docket Report
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Filing 58
OPINION AND ORDER. The Court FINDS that the evidence presently before the Court supports a likelihood that Plaintiffs will succeed on the merits, that Plaintiffs will suffer irreparable harm, and that the balance of equities and public interests weigh in favor of granting Plaintiffs' request for Preliminary Injunction pending arbitration. Accordingly, the Court GRANTS Plaintiffs' request for preliminary injunction and ENJOINS Defendant the United States of America as set forth herein. Signed by District Judge Henry C. Morgan, Jr on 1/22/2019. (jrin)
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Filing 57
ORDER. The Clerk is DIRECTED to retain the transcript from the Court's hearings on Plaintiffs' Preliminary Injunction dated December 14, 2018 and December 20, 2018, Docs. 49 and 51, under seal until further Order of the Court. Signed by District Judge Henry C. Morgan, Jr on 1/22/2019. (jrin)
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Filing 56
ORDER. The Court GRANTS each Motion to Seal (ECF no. 28, 36, and 41) IN PART. The Court ORDERS each party to submit redacted versions of the above referenced documents in accordance with the Court's findings within fourteen (14) days from the date of this Order. See Order for details. Signed by District Judge Henry C. Morgan, Jr on 1/22/2019. (jrin)
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Filing 55
NOTICE by Scott-Grace Management re #47 Sealed Order (Roberts, Ryan)
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Filing 54
Sealed Response re #47 Sealed Order by United States of America. (Attachments: #1 Exhibit)(jrin)
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Filing 53
NOTICE by United States of America re #47 Sealed Order (Porter, Kent)
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Filing 52
NOTICE by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee re #47 Sealed Order (Paul, Dustin)
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Filing 51
TRANSCRIPT of proceedings (Continued from 12-14-2018) held on 12-20-2018, before Judge Henry Coke Morgan, Jr., Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/4/2019. Redacted Transcript Deadline set for 3/5/2019. Release of Transcript Restriction set for 4/3/2019.(naughton, carol)
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Filing 50
Receipt of $100,000.00 Cash Bond. (jrin)
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Filing 49
TRANSCRIPT of TRO proceedings held on 12/14/2018, before Judge Henry Coke Morgan, Jr., Court Reporter/Transcriber Janet Collins, Telephone number 757-222-7072. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/4/2019. Redacted Transcript Deadline set for 3/5/2019. Release of Transcript Restriction set for 4/3/2019.(collins, janet)
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Filing 48
ORDER. The Clerk's Office is directed to accept Plaintiffs cash or surety bond in the amount of $100,000. Signed by District Judge Henry C. Morgan, Jr on 1/2/2019. (jrin)
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Filing 47
Sealed ORDER. Signed by District Judge Henry C. Morgan, Jr on 12/27/18. (Attachments: #1 Exhibit, #2 Letter) (Copies sent to counsel of record 12/27/18)(afar) (Main Document 47 replaced on 12/27/2018) (afar, ).
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Filing 46
Motion Hearing before District Judge Henry C. Morgan, Jr. held on 12/20/2018 re #2 MOTION for Temporary Restraining Order filed by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. Appearances: William R. Purdy and Dustin M. Paul for the Plaintiffs. Kent P. Porter, Sean D. Jansen, and David Harney for the Defendants. Ryan E. Roberts for the Intervenor Defendant. Final arguments of counsel heard. The Court GRANTS the preliminary injunction enjoining the Army from accepting the intervenors bid. The Govt. will not award the contract pursuant to the bidding process that was the subject of this litigation or otherwise until arbitration is concluded. The Court recommends that the arbitration be set as soon as possible. The parties will provide the Court with a status report by May 1, 2019. If Mr. Lee is offered the opportunity to perform the food service through May at the price based on the terms of the 2016 contract, he should do so. The nominal bond posted in the amount of $1,000.00 remains unchanged. The Court will issue a written order explaining its ruling in further detail. Court adjourned. (Court Reporter Carol Naughton, OCR.)(lbax, ) Modified on 12/20/2018 to add order language (lbax, ). (Main Document 46 replaced on 12/20/2018) (lbax, ).
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Filing 45
AMENDED ORDER. The Court CONTINUES this matter until December 20, 2018 at 11:00 a.m. The present Temporary Restraining Order shall remain in effect under the same terms and bond as previously imposed until December 20, 2018 at midnight, except that Intervenor Defendant has been added as a party to the Court's Temporary Restraining Order. The Court does not impose any additional duties on Intervenor Defendant. The Plaintiffs $1,000 cash bond will remain in effect through the effective date of this Order. Signed by District Judge Henry C. Morgan, Jr on 12/18/2018. (jrin)
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Filing 44
Memorandum in Support re #41 MOTION to Seal Plaintiffs' Memorandum in Support of Oral Argument filed by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. (Attachments: #1 Proposed Order Proposed Order)(Paul, Dustin)
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Filing 43
Supplemental Brief in Opposition re #2 MOTION for Temporary Restraining Order filed by United States of America. (Attachments: #1 Exhibit A)(Jansen, Sean) Modified text on 12/18/2018 (jrin).
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Filing 42
Notice of Filing Sealing Motion LCvR5(C) by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee re #41 MOTION to Seal Plaintiffs' Memorandum in Support of Oral Argument (Paul, Dustin)
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Filing 41
MOTION to Seal Plaintiffs' Memorandum in Support of Oral Argument by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. (Paul, Dustin)
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Filing 40
Sealed Document re #41 Motion to Seal. (Paul, Dustin) Modified document linkage on 12/18/2018 (jrin).
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Filing 39
Sealed Document re #36 MOTION to Seal . (Bourne, Townsend)
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Filing 38
Notice of Under Seal Filing LCvR5 (B) by Scott-Grace Management re #36 MOTION to Seal (Bourne, Townsend)
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Filing 37
Memorandum in Support re #36 MOTION to Seal filed by Scott-Grace Management. (Attachments: #1 Proposed Order)(Bourne, Townsend)
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Filing 36
MOTION to Seal by Scott-Grace Management. (Bourne, Townsend)
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Filing 35
ORDER continuing hearing re preliminary injunction to 12/20/18 at 10:00 a.m. Signed by District Judge Henry C. Morgan, Jr., on 12/17/18. (bpet, )
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Filing 34
Motion Hearing before District Judge Henry C. Morgan, Jr. held on 12/14/2018 re #2 MOTION for Temporary Restraining Order filed by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. Appearances: William R. Purdy and Dustin M. Paul for the Plaintiffs. Kent P. Porter, Sean D. Jansen, and David Harney for the Defendants. Ryan E. Roberts for the Intervenor Defendant. Hearing held re #2 Motion for Temporary Restraining Order (TRO), Preliminary Injunction. Arguments of counsel. Evidence presented. The Court CONTINUES the temporary restraining order with the same terms pending a final hearing on 12/20/18 at 11:00 a.m. The Court notes that there is an intervening defendant who must also comply with the terms of the temporary restraining order. Court adjourned. (Court Reporter Janet Collins, OCR.)(lbax, ) Motion Hearing set for 12/20/2018 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr..
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Filing 33
Receipt for $1,000 cash bond. (jrin)
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Filing 32
Sealed Attachment/Exhibit(s) re #31 Sealed Document (Attachments: #1 Affidavit of Patrick B. Hogston, #2 Affidavit of Craig R. Schwartz)(Jansen, Sean)
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Filing 31
Sealed Document re #28 MOTION to Seal . (Attachments: #1 Affidavit Brenda J. Clark, #2 Affidavit Alan Wayne De Rosier)(Jansen, Sean) Modified text on 12/12/2018 (jrin).
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Filing 30
Notice of Under Seal Filing LCvR5 (B) by United States of America re #28 MOTION to Seal (Jansen, Sean)
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Filing 29
Memorandum in Support re #28 MOTION to Seal filed by United States of America. (Attachments: #1 Proposed Order)(Jansen, Sean)
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Filing 28
MOTION to Seal by United States of America. (Jansen, Sean)
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Filing 27
Memorandum of Points and Authorities and Submission of Declaration in Support of Plaintiffs' Argument at Hearing on Preliminary Injunction re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. (Attachments: #1 Affidavit of Mr. Lee)(Paul, Dustin) Modified text on 12/12/2018 (jrin).
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Filing 26
NOTICE by Scott-Grace Management re #13 Motion Hearing,,,, (Roberts, Ryan)
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Filing 25
NOTICE of Appearance by Ryan Edward Roberts on behalf of Scott-Grace Management (Roberts, Ryan)
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Filing 24
NOTICE of Appearance by Townsend Leigh Bourne on behalf of Scott-Grace Management (Bourne, Townsend)
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Filing 23
PROTECTIVE ORDER. Signed by District Judge Henry C. Morgan, Jr on 12/10/2018. (jrin)
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Filing 22
ORDER. The Court GRANTS Intervenor Defendant's Motion, Doc. 15. The Court hereby ORDERS Intervenor Defendant to appear at this Court's hearing on Plaintiffs Motion for Preliminary Injunction on December 14,2018 at 10:00 a.m. Signed by District Judge Henry C. Morgan, Jr on 12/10/2018. (jrin)
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Filing 21
ORDER. Consistent with the Court's Opinion and Order GRANTING Plaintiffs Motion for Temporary Restraining Order, issued December 11,2018. The Clerk's Office is directed to accept Plaintiffs cash bond in the amount of $1,000.Signed by District Judge Henry C. Morgan, Jr on 12/10/2018. (jrin)
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Filing 20
OPINION AND ORDER. The Court FINDS that the evidence presently before the Court supports a likelihood that Plaintiffs will succeed on the merits, that Plaintiffs will suffer irreparable harm, and that the balance of equities and public interests weigh in favor of granting Plaintiffs' Temporary Restraining Order. Accordingly, the Court GRANTS Plaintiffs' Motion for Temporary Restraining Order, Doc. 2, and ENJOINS Defendant from awarding a new contract to replace Plaintiffs' existing contract until after December 14, 2018, at which time the Court will conduct a full hearing on Plaintiffs' Complaint for Preliminary Injunction. The Court ORDERS Plaintiffs to post a nominal $1,000 cash bond pending the Court's hearing on Plaintiffs' Complaint for Preliminary Injunction. See Order for details. Signed by District Judge Henry C. Morgan, Jr on 12/10/2018. (jrin)
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Filing 19
Memorandum in Support re #18 Consent MOTION for Protective Order filed by United States of America. (Jansen, Sean)
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Filing 18
Consent MOTION for Protective Order by United States of America. (Attachments: #1 Proposed Order Proposed Protective Order)(Jansen, Sean)
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Filing 17
Corporate Disclosure Statement by Scott-Grace Management. (Bourne, Townsend)
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Filing 16
Memorandum in Support re #15 MOTION to Intervene filed by Scott-Grace Management. (Bourne, Townsend)
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Filing 15
MOTION to Intervene by Scott-Grace Management. (Attachments: #1 Proposed Order)(Bourne, Townsend)
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Filing 14
TRANSCRIPT of proceedings held on 12-4-2018, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 2/11/2019. Release of Transcript Restriction set for 3/11/2019.(stewart, jody)
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Filing 13
Motion Hearing before District Judge Henry C. Morgan, Jr. held on 12/4/2018 re #2 MOTION for Temporary Restraining Order filed by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. Appearances: William R. Purdy and Dustin M. Paul for the Plaintiffs. Kent P. Porter, Sean D. Jansen, and David Harney for the Defendants. Arguments of counsel. Evidence presented. The Court GRANTS the TRO for a period of ten (10) days. A hearing has been set for Friday, December 14, 2018 at 10:00 a.m. The United States is enjoined from awarding the contract until the 14th when the Court will decide whether to extend. If either side is planning on presenting testimony at the 12/14/18 hearing, they are required to furnish the court with a declaration of any witness they intend to call by midnight on 12/11/18. The parties may also submit briefs on the cost per meal under the old contract and the cost under the new contract. The Court orders that the Plaintiff post a nominal cash bond in the amount of $1,000.00. The Court will prepare a written explanation for the granting of the TRO. Court adjourned. (Court Reporter Jody Stewart, OCR.)(lbax, )
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Motion Hearing as to #2 MOTION for Temporary Restraining Order set for 12/14/2018 at 10:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Filing 12
Opposition to #2 MOTION for Temporary Restraining Order filed by United States of America. (Attachments: #1 Affidavit of Rhoda Harrison-Spence)(Jansen, Sean)
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Filing 11
SUMMONS Returned Executed. US Attorney served on 11/27/2018. (Attachments: #1 Letter)(jrin)
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Filing 10
NOTICE of Appearance by Sean Douglas Jansen on behalf of United States of America (Jansen, Sean)
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Filing 9
ORDER re #7 NOTICE filed by United States of America. The Court hereby ORDERS Defendant to file its response on or before 12:00 p.m. on Monday, December 3, 2018. Signed by Magistrate Judge Lawrence R. Leonard on 11/30/2018. (jrin)
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Filing 8
NOTICE of Appearance by Kent Pendleton Porter on behalf of United States of America (Porter, Kent)
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Filing 7
NOTICE by United States of America re #2 MOTION for Temporary Restraining Order (Porter, Kent)
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Filing 6
ORDER granting #4 Motion for Pro hac vice for William Richard Purdy as to Georgia Vocational Rehabilitation Agency Business Enterprise Program and Michael C Lee. Signed by District Judge Henry C. Morgan, Jr on 11/28/18. (tlev, )
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Motion Hearing as to #2 MOTION for Temporary Restraining Order set for 12/4/2018 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Filing 5
Three (3) Summonses Issued as to United States of America,- via Contracting Officer for Solicitation, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Civil Motions Procedures)(epri, )
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Filing 4
Motion to appear Pro Hac Vice by William Richard Purdy and Certification of Local Counsel Dustin M. Paul Filing fee $ 75, receipt number 0422-6379812. by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. (Paul, Dustin)
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Filing 3
Memorandum in Support re #2 MOTION for Temporary Restraining Order filed by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paul, Dustin)
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Filing 2
MOTION for Temporary Restraining Order by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. (Paul, Dustin)
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Initial Case Assignment to District Judge Henry C. Morgan, Jr and Magistrate Judge Lawrence R. Leonard. (epri, )
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Filing 1
Complaint For Temporary Restraining Order and Preliminary Injunction ( Filing fee $ 400, receipt number 0422-6378660.), filed by Georgia Vocational Rehabilitation Agency Business Enterprise Program, Michael C Lee. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet Cover Sheet, #6 Supplement Summons, #7 Supplement Summons, #8 Supplement Summons)(Paul, Dustin)
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