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Continental Service Group, Inc. v. U.S., 17-449 (2017)

Court: United States Court of Federal Claims Number: infdco20171109a79 Visitors: 5
Filed: Oct. 31, 2017
Latest Update: Oct. 31, 2017
Summary: RESPONSE TO OCTOBER 27, 2017 NOTICE OF INQUIRY BY APPELLATE COURT, MEMORANDUM OPINION, AND FINAL ORDER DENYING MAY 19, 2017 MOTION TO VACATE PRELIMINARY INJUNCTION AND JUNE 9, 2017 MOTION TO STAY PRELIMINARY INJUNCTION, PENDING APPEAL SUSAN G. BRADEN , Chief Judge . This Response is filed, pursuant to the United States' ("Government") October 27, 2017 Notice, to an inquiry by the United States Court of Appeals for the Federal Circuit on the same date, in CAFC Case No. 17-2155, Dkt. #258 at
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RESPONSE TO OCTOBER 27, 2017 NOTICE OF INQUIRY BY APPELLATE COURT, MEMORANDUM OPINION, AND FINAL ORDER DENYING MAY 19, 2017 MOTION TO VACATE PRELIMINARY INJUNCTION AND JUNE 9, 2017 MOTION TO STAY PRELIMINARY INJUNCTION, PENDING APPEAL

This Response is filed, pursuant to the United States' ("Government") October 27, 2017 Notice, to an inquiry by the United States Court of Appeals for the Federal Circuit on the same date, in CAFC Case No. 17-2155, Dkt. #258 at 5.

I. PROCEDURAL BACKGROUND.1

On December 11, 2015, the United States Department of Education ("ED") issued Solicitation No. ED-FSA-16-R-0009 ("Solicitation") for "the collection and administrative resolution of debts resulting from non-payment of student loans and grants made under several federal programs, including the Federal Family Education Loan Program, Stafford Loans, Federal Perkins Loans, and the Pell Grant Program." ECF No. 1 (Compl. ¶ 25). Under the Solicitation, ED intended to award Indefinite Delivery, Indefinite Quantity contract(s) with a five year Base Ordering Period and an additional Optional Ordering Period of five years. ECF No. 1 (Compl. ¶ 26).

On February 22, 2016 and February 29, 2016, Continental Service Group, Inc. ("ConServe") submitted proposals in response to the Solicitation. ECF No. 1 (Compl. ¶ 35).

On December 9, 2016, ED notified ConServe that it was not selected for an award and ConServe requested a debriefing. ECF No. 1 (Compl. ¶ 51).

On December 29, 2016, ED issued a Debriefing Letter, stating,

[a]lthough [ConServe's] proposal was one of the most highly rated proposals, [ConServe], was not selected for an award based on the fact that the [ED] determined that they were not responsible[, because] [ConServe] did not submit an acceptable subcontracting plan that reflects and is consistent with the commitments it offered in its small business participation plan, as required by the Solicitation.

ECF No. 1 (Compl. ¶ 51).

On January 3, 2017, ConServe filed a bid protest at the General Accountability Office ("GAO"). ECF No. 1 (Compl. ¶ 60). Because ConServe filed a bid protest at the GAO within five days of receiving the debriefing, the bid protest triggered an automatic stay of performance, pursuant to 31 U.S.C. § 3553(d)(3)(A), (4)(B). ECF No. 1 (Compl. ¶ 60). "Several other disappointed offerors also filed protests of this procurement at the GAO." ECF No. 1 (Compl. ¶ 60). Some of these protests also triggered the automatic stay. ECF No. 1 (Compl. ¶ 60).

On March 28, 2017, ConServe withdrew its bid protest at the GAO. Gen. Revenue Corp., B-414220.2, Mar. 27, 2017, 2017 WL 1316186.2

On March 28, 2017, ConServe filed a Complaint in the United States Court of Federal Claims challenging ED's decision not to award an Indefinite Delivery, Indefinite Quantity contract to ConServe under Solicitation No. ED-FSA-16-R-0009. ECF No. 1.

On March 29, 2017, ConServe filed a Motion For Temporary Restraining Order ("TRO"), pursuant to Rule of the United States Court of Federal Claims ("RCFC") 65(d). ECF No. 7.

On March 29, 2017, the court convened a Status Conference, during which the Government informed the court that the stays in the related cases at the GAO, pursuant to 31 U.S.C. § 3553(d)(3)(A), (4)(B), were not lifted, because the GAO still had to decide a related protest. ECF No. 111. The Government also represented that the GAO may issue a decision in that case in the near future, at which point the automatic stay would be lifted and performance would begin on the contract. ECF No. 111. The Government was not clear whether the GAO lifted the stay in the bid protest filed concerning ConServe. ECF No. 111. The Government, however, advised the court that it could not currently commit to staying performance, pending the resolution of this bid protest. ECF No. 111. ConServe advised the court that ED was transferring work to be performed under the stayed contracts [awarded under Solicitation No. ED-FSA-16-R-0009] to other contractors to circumvent this bid protest. ECF No. 111.

On March 29, 2017, the court issued a Memorandum Opinion And Temporary Restraining Order, pursuant to RCFC 65(d), to prohibit the Government from:

(1) authorizing the purported awardees to perform on the contract award under Solicitation No. ED-FSA-16-R-0009 for a period of fourteen days, i.e. until April 12, 2017; and (2) transferring work to be performed under the contract at issue in this case to other contracting vehicles to circumvent or moot this bid protest for a period of fourteen days, i.e. until April 12, 2017.

ECF No. 9 at 3.

On April 10, 2017, the court extended the March 29, 2017 TRO until April 24, 2017, pursuant to RCFC 65(b)(2). ECF No. 56.

On April 19, 2017, the court stayed proceedings to afford an parties the opportunity to reach a global settlement and extended the April 10, 2017 TRO until May 8, 2017. ECF No. 67.

On April 21, 2017, the CBE Group, Inc. ("CBE"), Intervenor-Defendant, and Premiere Credit of North America, LLC ("Premiere"), Intervenor-Defendant, filed a Joint Emergency Motion For Enforcement Of The March 29, 2017 TRO, arguing that ED planned to recall immediately accounts that were placed with CBE and Premiere prior to this litigation, altering the status quo. ECF No. 68 (amended and re-docketed as ECF No. 71). That same day, the court convened a Status Conference to discuss the April 21, 2017 Emergency Motion. ECF No. 119. At the court's request, the parties agreed to reconvene on April 24, 2017 for another Status Conference and the Government informed the court that ED would not recall the disputed accounts until after the April 24, 2017 Status Conference. ECF No. 119.

On April 24, 2017, the court convened a Status Conference and heard arguments from all parties in this case. ECF No. 89. On that same day, the court extended and modified the March 29, 2017 TRO. ECF No. 73.

On May 2, 2017, the court convened an oral argument and afterwards worked with the parties in an attempt to reach an agreement, satisfactory to all parties, until ED made a decision about corrective action. ECF No. 96. That effort failed. ECF No. 96. On that date, however, the court granted the Government's May 1, 2017 Motion To Dismiss Count VII of ConServe's March 28, 2017 Complaint, without prejudice, and issued a preliminary injunction, wherein the court stated:

On a motion for preliminary injunctive relief, the court must weigh four factors: "(1) immediate and irreparable injury to the movant; (2) the movant's likelihood of success on the merits; (3) the public interest; and (4) the balance of hardship on all the parties." U.S. Ass'n of Importers of Textiles & Apparel v. United States, 413 F.3d 1344, 1347-48 (Fed. Cir. 2005). "No one factor, taken individually, is necessarily dispositive. . . . [T]he weakness of the showing regarding one factor may be overborne by the strength of others." FMC Corp. v. United States, 3 F.3d 424, 427 (Fed. Cir. 1993) (emphasis added). Regarding the first factor, the court has determined that Plaintiffs and Intervenor-Plaintiffs will be immediately and irreparably injured, if ED allows continued performance on Task Orders issued under Solicitation No. ED-FSA-16-R-0009, or otherwise transfers work to another contracting vehicle to circumvent or moot this bid protest. Regarding the second factor, the Government has not yet produced the Administrative Record and the parties have not had an opportunity to brief the merits of this bid protest. See Florida Power & Light Co. v. Lorion, 470 U.S. 729, 744 (1985) ("The APA specifically contemplates judicial review on the basis of the agency record[.]"). Nevertheless, it is likely that some or all Plaintiffs may prevail on the merits, based on the GAO's March 27, 2017 Decision finding that ED's prior evaluation of proposals was unreasonable in numerous respects and resulted in the reasonable possibility of prejudice. See Gen. Revenue Corp., 2017 WL 1316186. Regarding the third factor, the public interest is served by open and fair competition in public procurements and preserving the integrity of the competitive process. See PGBA, LLC v. United States, 57 Fed. Cl. 655, 663 (2003). Regarding the fourth factor, the balance of hardships weighs in favor of Plaintiffs and Intervenor-Plaintiffs. A delay in ED proceeding with performance on the 2016 Awards, prior to announcing corrective action, likely may be disruptive to some of the parties and borrowers, but is outweighed by the economic harm to Plaintiffs and Intervenor-Plaintiffs and the public's need to have these government contracts awarded pursuant to law, particularly, because $2.8 billion of taxpayer funds [are] at issue. For these reasons, the court has determined that the weight of the factors favors injunctive relief. See FMC Corp, 3 F.3d at 427 ("[T]he weakness of . . . one factor may be overborne by the strength of others."). Accordingly, it is ordered that the United States of America, the United States Department of Education, and their officers, agents, servants, employees, and representatives are enjoined, pursuant to Rule 65(d), from: (1) authorizing the purported awardees to perform on the contract awards under Solicitation No. ED-FSA-16-R-0009; and (2) transferring work to be performed under the contract at issue in this case to other contracting vehicles to circumvent or moot this bid protest. In effect, this Preliminary Injunction rescinds the April 24, 2017 modification to the March 29, 2017 Temporary Restraining Order, because it provided a competitive advantage to CBE Group, Inc. and Premiere Credit of North America, LLC over Collection Technology, Progressive Financial and Performant Recovery, Inc. that filed appearances in this case after April 24, 2017.

ECF No. 87.

On May 18, 2017, ConServe filed a Motion To Continue The Preliminary Injunction to allow the parties to evaluate and respond to ED's corrective action. ECF No. 120.

On May 19, 2017, the Government filed a Notice Of Corrective Action to inform the court that ED would issue "[n]otice of awards and notices of termination" on or before August 25, 2017. ECF No. 122 at 9.

On May 19, 2017, the Government filed a Motion To Vacate Preliminary Injunction. ECF No. 126.

On May 22, 2017, CBE filed a Response to the Government's Motion To Vacate Preliminary Injunction. ECF No. 122 (refiled with attachments at ECF No. 129). On that same day, GC Services Limited Partnership filed an Opposition To The Government's Motion To Vacate Preliminary Injunction as it would benefit only small business contractors. ECF No. 130.

On May 22, 2017, an Order continuing the May 2, 2017 Preliminary injunction was issued, wherein the court stated,

[a]fter hearing the parties' positions [at a May 22, 2017 status conference], the court indicated that it was inclined to lift the May 2, 2017 Preliminary Injunction, but it was concerned that the ED would transfer accounts that had been serviced by Progressive Financial, Inc., Collection Technology, Inc., Performant Recovery, Inc. and Van Ru Credit Corporation under United States General Services Administration ("GSA") Schedule Nos. GS-23F-0239K, GS-23F-0227N, GS-23F-0286K, GS-23F-0204K (collectively the "prior accounts"), because those contracts expired on April 21, 2017. This would appear unfair, because the GAO sustained challenges to Solicitation No. ED-FSA-16-R-009 brought by those contractors. In other words, the GAO determined that but-for the ED's alleged errors during the procurement process, Progressive Financial, Inc., Collection Technology, Inc., Performant Recovery, Inc. and Van Ru Credit Corporation might have received contracts on December 9, 2016, under which they could continue to service their prior accounts. Therefore, the court asked the Government whether it could allow Progressive Financial, Inc., Collection Technology, Inc., Performant Recovery, Inc. and Van Ru Credit Corporation to continue servicing prior accounts until the ED completes the proposed corrective action. The Government informed the court that it could not make that representation, without conferring with Dr. Patrick Bradfield, Head of Contracting at Federal Student Aid. Dr. Bradfield responded, by telephone from his home, that Progressive Financial, Inc., Collection Technology, Inc., Performant Recovery, Inc. and Van Ru Credit Corporation could not continue servicing their prior accounts, because they did not have existing contracts with the ED, but he did not know if there was a legal means for the ED to enter into a temporary contractual relationship with those parties and would have to consult with the ED's attorneys before making that determination. Dr. Bradfield informed the court that he would not be able to consult with counsel until, at least, May 23, 2017.

ECF No. 132 at 2-3 (re-docketed for administrative purposes as ECF No. 134).

On May 31, 2017, the court continued the May 2, 2017 Preliminary Injunction, based on information in the public domain (ECF No. 143), that subsequently was clarified to the court's satisfaction. ECF No. 183 at 3-5. Nevertheless, the reasons underlying the May 2, 2017 Preliminary Injunction were not changed.

On June 9, 2017, Alltran Education, Inc. ("Alltran"), Intervenor-Plaintiff, filed a Motion To Stay the court's May 2, 2017 Preliminary Injunction to allow an appeal to the United States Court of Appeals for the Federal Circuit. ECF No. 155. Alltran's June 9, 2017 Motion states that the purpose is to protect its interest in "essentially a bridge contract designed to last only until ED completes its corrective action under Solicitation No. ED-FSA-16-R-0009." ECF No. 155 at 2. Alltran's June 9, 2017 Motion also argued that, "given the urgency of this issue, Alltran requests that this [c/ourt stay the injunction by Wednesday June 14, 2017." ECF No. 155 at 3 (underline, bold, and italics in original).

On June 13, 2017, the Government filed a Response to Alltran's June 9, 2017 Motion For Stay Pending Appeal, together with five declarations discussing the financial impact on ED, the private collection agencies, and student borrowers as a result of the May 2, 2017 Preliminary Injunction. ECF No. 157.

On June 14, 2017, Alltran filed an appeal in the United States Court of Appeals for the Federal Circuit. CAFC Case No. 17-2155, Dkt. #1.

On June 16, 2017, Pioneer Credit Recovery, Inc. ("Pioneer") filed a Response to Alltran's June 9, 2017 Motion For Stay Pending Appeal, agreeing with Alltran's and the Government's request to stay the May 2, 2017 Preliminary Injunction. ECF No. 162.

On June 19, 2017, Financial Management Systems, Inc. ("Financial Management") filed a Response to Alltran's June 9, 2017 Motion For Stay Pending Appeal, requesting the court to stay or vacate its May 2, 2017 Preliminary Injunction. ECF No. 163.

On June 19, 2017, Alltran filed a Motion For Emergency Stay, Pending Appeal in the United States Court of Appeals for the Federal Circuit. CAFC Case No. 17-2155, Dkt. #12.

On June 22, 2017, the Government filed a Notice Of Appeal. ECF No. 165.

On June 26, 2017, ConServe filed a Response to Alltran's June 9, 2017 Motion For Stay Pending Appeal, requesting the court to deny Alltran's June 9, 2017 Motion For Stay Pending Appeal. ECF No. 168.

On June 27, 2017, the Government filed a Response to Alltran's June 19, 2017 Motion For An Emergency Stay, Pending Appeal in the United States Court of Appeals for the Federal Circuit, "join[ing] in the emergency motion for stays pending appeal." CAFC Case No. 17-2155, Dkt. #62.

On July 6, 2017, Alltran filed a Reply to Pioneer, Financial Management, and ConServe Responses to Alltran's June 9, 2017 Motion For Stay Pending Appeal. ECF No. 174.

On July 7, 2017, Pioneer filed a Reply to the Responses to Alltran's June 9, 2017 Motion For Stay Pending Appeal. ECF No. 175.

On July 18, 2017, the United States Court of Appeals for the Federal Circuit issued an Order stating,

Alltran Education, Inc., moves to stay, pending these appeals, the May 31, 2017, preliminary injunctions entered in the above-captioned appeals by the United States Court of Federal Claims enjoining the [ED] from (1) authorizing the purported awardees to perform on the contract awards under Solicitation No. ED-FSA-16-0009 ("the Solicitation") and (2) transferring work to be performed under the Solicitation to other private collection agencies to circumvent or moot the bid protest. The United States separately moves for the same relief. [ConServe] opposes the motions. Financial Management Systems, The CBE Group, Inc., Progressive [], and Van Ru Credit Corporation respond to the motions. Alltran and the United States reply. In its opposition to Alltran's motion, [ConServe] moves to dismiss 2017-2155. Alltran and the United States oppose the motion. [ConServe] replies. [ConServe] argues that the court lacks jurisdiction over 2017-2155 because 28 U.S.C. § 1292(d)(2) controls interlocutory appeals from the Court of Federal Claims, as §1292(a)(1) is directed only to district courts. However, §1292(c)(1) grants the court jurisdiction "of an appeal from an interlocutory order or decree described in subsection (a) or (b) of this section in any case over which the court would have jurisdiction of an appeal under section 1295 of this title," and a preliminary injunction is the type of interlocutory order that is appealable under § 1292(a)(1). The motion to dismiss the appeal is therefore without merit. The court notes that Alltran's motions to stay the preliminary injunction are pending at the Court of Federal Claims. The Court of Federal Claims has not yet acted on Alltran's motions to stay, the briefing of which has only recently been completed. The court will hold the motions to stay in abeyance pending the Court of Federal Claims' decision on Alltran's motions.

Accordingly,

IT IS ORDERED THAT:

(1) [ConServe]'s motion to dismiss 2017-2155 is denied. (2) Alltran's and the United States' motions to stay are held in abeyance. Within five days of the Court of Federal Claims' rulings on Alltran's motions to stay the May 31, 2017, preliminary injunctions, Alltran and the United States are ordered to inform the court how they believe the motions should proceed.

CAFC Case No. 17-2155, Dkt. #122 at 6-7.3

On July 24, 2017, Alltran filed a Motion To Expedite Ruling On Pending Motion For Stay Pending Appeal. ECF No. 179.

On July 28, 2017, ConServe filed an Opposition And Cross-Motion, arguing that, if the court lifted the May 31, 2017 Preliminary injunction, "ED would act quickly to transfer all of the [other] accounts," subject to the court's May 31, 2017 Preliminary Injunction. ECF No. 180 at 5 (bold and italics in original).

On August 2, 2017, the court directed the Government to file a Status Report concerning the progress of ED's corrective action, since ED announced on August 2, 2017 that "it was no longer seeking to select a single student loan servicer and would be pursuing a new proposal that would award separate contracts to one or more companies." ECF No. 182 (Court Exhibits C, D). The August 2, 2017 Order also observed, "once again, the [Government] has failed to inform the court of these developments." ECF No. 182.

On August 4, 2017, the Government filed a Status Report, together with a Declaration from Dr. Patrick A. Bradfield, Head of the Contracting Activity Federal Student Aid, United States Department of Education, wherein the court was advised that only half of thirty-seven proposals received had been reviewed and additional time may be necessary to complete corrective action. ECF Nos. 183, 183-1 (8/4/17 Bradfield Decl.).

On August 29, 2017, the court issued an Order directing the Government to file a Status Report concerning ED's corrective action by September 14, 2017 with the United States Court of Appeals for the Federal Circuit, together with certain of the attachments.4 ECF No. 185.

On September 5, 2017, the court issued an Order consolidating all of the above-captioned bid protest cases. ECF No. 186.5

On September 7, 2017, the Government filed a Notice Of Limited Recall Of Accounts, concerning,

a subset of the accounts presently assigned to six private collection agencies (PCAs) whose contracts expired on April 21, 2017. The Department of Education's (ED) Federal Student Aid (FSA) program has determined that a limited recall of accounts is urgently needed in order to provide assistance to student borrowers who reside in hurricane disaster relief areas, such as the counties directly affected by Hurricane Harvey. * * * FSA intends to proceed with this limited recall of 1,000 accounts beginning tomorrow, Friday, September 8, 2017. FSA also anticipates expanding the recall of accounts, as necessary, to include borrowers in counties that may be identified by the Federal Emergency Management Association as hurricane disaster relief areas in the future, including areas that may be affected by Hurricane Irma and other storms currently being tracked.

ECF No. 187 at 1-3.

On September 8, 2017, Progressive Financial Services, Inc. ("Progressive") filed a Motion For Emergency Relief And Objection to the Government's September 7, 2017 Notice Of Limited Recall Of Accounts, arguing: (1) ED's proposed recall of Progressive's accounts violates the TRO and preliminary injunction; and (2) "unusual and compelling" circumstances require the issuance of a bridge contract to Progressive. ECF No. 188.

On September 8, 2017, the Government filed a Response to Progressive's September 8, 2017 Motion, arguing: (1) the court lacks jurisdiction to entertain Progressive's claim and request for emergency relief; (2) ED's limited recall of accounts is not a violation of the preliminary injunction; and (3) the court does not have authority to grant Progressive's request for the issuance of bridge contracts. ECF No. 190.

On September 12, 2017, the court issued a Memorandum Opinion And Order, denying Progressive's September 8, 2017 Motion For Emergency Relief, stating,

[a]s a matter of law, the court has jurisdiction to adjudicate a motion to reconsider, amend, and/or enforce the May 31, 2017 Memorandum Opinion and Preliminary Injunction Order. Abbott Labs. v. TorPharm, Inc., 503 F.3d 1372, 1379 (Fed. Cir. 2007) (holding that courts have "inherent authority to enforce their own injunctions under the well-established principles of equity"). The court does not consider the Government's September 7, 2017 Notice to violate, circumvent, or undermine the May 31, 2017 Preliminary Injunction, but rather as if it were filed under RCFC 62(c) as a motion to modify the May 31, 2017 Preliminary Injunction. In the court's judgment, compelling public interest considerations attendant to Hurricane Harvey justify the modification requested by the Government. US. Ass'n of Importers of Textiles & Apparel v. US. Dep't of Commerce, 413 F.3d 1344, 1346 (Fed. Cir. 2005) ("Four factors are weighed in considering a motion for a preliminary injunction: (1) immediate and irreparable injury to the movant; (2) the movant's likelihood of success on the merits; (3) the public interest; and (4) the balance of hardship on all the parties."). "No one factor, taken individually, is necessarily dispositive . . . . [T]he weakness of the showing regarding one factor may be overborne by the strength of others." FMC Corp. v. United States, 3 F.3d 424, 427 (Fed. Cir. 1993) (emphasis added).

ECF No. 191 at 4-5 (re-docketed for administrative purposes as ECF No. 194 at 4-5).

On September 14, 2017, the Government filed a Status Report, to inform the court about the progress of ED's corrective action, stating,

[e]valuation reports are now being finalized, with an expected completion date of September 18, 2017. Once the reports are finalized, ED's Source Selection Authority will perform an integrated assessment to identify the proposal(s) deemed to be most advantageous to the Government, followed by a responsibility determination of each apparently successful offeror. Once a new source selection determination has been made, ED will announce any new award or awards, and/or the termination of previously-awarded contracts, as appropriate.

ECF No. 192 at 2.

On September 14, 2017, the court also issued an Order, directing the Government seek leave to file a copy of the September 14, 2017 Status Report with the United States Court of Appeals for the Federal Circuit. ECF No. 193.

On September 21, 2017, the Government informed the court that the Government filed the September 14, 2017 Status Report with the United States Court of Appeals for the Federal Circuit. ECF No. 195.

On October 11, 2017, the court issued an Order, directing the Government to file a Status Report regarding the progress of ED's corrective action by October 20, 2017. ECF No. 196.

On October 19, 2017, the Government filed a Status Report, wherein it reported that evaluation reports have been finalized and "[t]he Source Selection Authority has been conducting an assessment of the findings and ratings reported by the evaluating committees[.] . . . Once the apparently successful offeror/s are identified, the contracting officer will complete the responsibility determinations. Award/s will be made shortly thereafter." ECF No. 197 at 2.

On October 25, 2017, the court issued an Order, directing the Government to seek leave to file the October 19, 2017 Status Report with the United States Court of Appeals for the Federal Circuit. ECF No. 198.

On October 27, 2017, the Government filed a Notice, informing the court of an October 27, 2017 Order issued by the United States Court of Appeals for the Federal Circuit in CAFC Case No. 17-2155, that appears to request the status of the Government's May 19, 2017 Motion To Vacate Preliminary Injunction and Alltran's June 9, 2017 Motion To Stay. ECF No. 199.

II. THE COURT'S RULING ON THE PENDING MOTIONS.

On May 19, 2017, the Government filed a Motion To Vacate Preliminary Injunction, pursuant to RCFC 60(b), arguing that: (1) the court should vacate the May 2, 2017 Preliminary Injunction, because the court dismissed Count VII of ConServe's March 28, 2017 Complaint; and (2) ConServe cannot demonstrate that it satisfies any of the factors for a preliminary injunction. ECF No. 126. RCFC 60(b) provides that,

[o]n motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under RCFC 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief.6

RCFC 60(b).

As the United States Supreme Court has held, Rule 60(b)(6) "should only be applied in `extraordinary circumstances.'" Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 864 (1988) (quoting Ackermann v. United States, 340 U.S. 193, 199 (1950)); see also Fiskars, Inc. v. Hunt Mfg. Co., 279 F.3d 1378, 1382 (Fed. Cir. 2002) ("Rule 60(b)(6) is available only in extraordinary circumstances[.]"). In addition, "[t]he determination whether to grant [a Rule 60(b) motion] is a matter largely within the discretion of the [trial] court . . . and appellate review is limited to determining whether the court abused its discretion." Case v. Basf Wyandotte, 737 F.2d 1034 (Fed. Cir. 1984) (internal quotation marks and citations omitted).

On a motion for preliminary injunctive relief, the court must weigh four factors: "(1) immediate and irreparable injury to the movant; (2) the movant's likelihood of success on the merits; (3) the public interest; and (4) the balance of hardship on all the parties." US. Ass'n of Importers of Textiles & Apparel v. United States, 413 F.3d 1344, 1347-48 (Fed. Cir. 2005). "No one factor, taken individually, is necessarily dispositive . . . . [T]he weakness of the showing regarding one factor may be overborne by the strength of others." FMC Corp. v. United States, 3 F.3d 424, 427 (Fed. Cir. 1993) (emphasis added). The reasons in the court's May 2, 2017 Preliminary Injunction have been set forth herein and may be reviewed at ECF No. 87.

Nothing in the Government's May 19, 2017 Motion To Vacate Preliminary Injunction presented "extraordinary circumstances" to "justif[y] relief' under RCFC 60(b)(6), since the Government previously filed on the same day a "[n]otice of awards and notices of termination" would issued by ED on or before August 25, 2017. ECF No. 122 at 9. This is true even more so today, in light of ED's proposed corrective action that now appears to be imminent. ECF No. 199 (Oct. 27, 2017).

* * *

On June 9, 2017, Alltran also filed a Motion To Stay the May 2, 2017 Preliminary Injunction, pending an appeal to the United States Court of Appeals for the Federal Circuit. ECF No. 155.

On June 14, 2017, Alltran filed an appeal in the United States Court of Appeals for the Federal Circuit. CAFC Case No. 17-2155, Dkt. #1.

On July 24, 2017, Alltran filed a Motion To Expedite Ruling On Pending Motion For Stay Pending Appeal. ECF No. 179.

As a threshold matter, "[a] stay is not a matter of right, even if irreparable injury might otherwise result. . . . It is instead an exercise of judicial discretion, and the propriety of its issue is dependent upon the circumstances of the particular case." Nken v. Holder, 556 U.S. 418, 434 (2009) (internal quotation marks and citations omitted). "The fact that the issuance of a stay is left to the court's discretion `does not mean that no legal standard governs that discretion . . . [Rather,] its judgment is to be guided by sound legal principles.'" Id. (quoting Martin v. Franklin Capital Corp., 546 U.S. 132, 139 (2005)).

In deciding whether to grant a stay pending appeal of a preliminary injunction, the court considers four factors:

(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.

Standard Havens Prods., Inc. v. Gencor Indus., Inc., 897 F.2d 511, 512 (Fed. Cir. 1990) (citing Hilton v. Br aunskill, 481 U.S. 770, 776 (1987)). But, each factor "need not be given equal weight," and the factors can "effectively merge." Id. at 512-13 (citing Providence Journal Co. v. FBI, 595 F.2d 889, 890 (1st Cir. 1979); El DuPont De Nemours & Co. v. Phillips Petroleum Co., 835 F.2d 277, 278 (Fed. Cir. 1987) ("In considering whether to issue a stay [of an injunction] pending appeal, [the] court assesses movant's chances for success on appeal and weighs the equities as they affect the parties and the public.")). In sum, the four factors are analyzed using a "flexible approach." Id. at 513.

As to the first factor, to date the Government has not filed the Administrative Record in this case. See CFC Docket Sheet, attached hereto, as Court Exhibit A; see also CAFC Case No. 17-2155 Dkt. #12-1 n.5. Therefore, the court is not in a position to ascertain whether Alltran, the Government, or any other party would succeed on the merits of the underlying bid protest action. But, in light of the Government's representation, as of May 19, 2017, that ED would issue "[n]otice of awards and notices of termination issued" on or before August 25, 2017, ECF No. 122 at 9, neither Alltran's June 9, 2017 Motion To Stay The Preliminary Injunction nor Alltran's July 24, 2017 Motion To Expedite Ruling On Pending Motion For Stay Pending Appeal made a "strong showing of the likelihood of success." Standard Havens Prods., 897 F.2d at 512. In any event, if the most recent representation made to the court by the Government are true, Alltran's entitlement to relief from the court's May 2, 2017 Preliminary Injunction likely will be moot by ED's corrective action. Id.

As to the second and third factors, the Government is, and has been, in a position to eliminate any injury that the May 2, 2017 Preliminary Injunction imposed on ED and some of the parties, either by issuing short-term contracts, bridge contracts, or award-term extension ("ATE") contracts—each of which ED advised the court is not a viable option—or by completing corrective action by August 25, 2017, as was represented to the court. ECF No. 122 at 9. Indeed, as the Government has advised the appellate court, on May 19, 2017, the court stated it was inclined to lift the preliminary injunction, if assurances could be made that ED would not assign any debt collection work to "dilute" work to which other parties may be entitled if they prevailed in this bid protest or otherwise be subject to corrective action. CAFC Case No. 17-2155, Dkt. #62-1 at 6 (citing Def. Ex. 6, Order May 19, 2017). The Government declined to do so.

As to the fourth factor, the public interest lies in having ED administer student loan debt collection activities in compliance with applicable procurement law and regulations. ECF No. 87.

Finally, the May 2, 2017 Preliminary Injunction was issued to maintain the status quo, as of March 28, 2017—the date the bid protest in this case was filed when a stay was pending at the GAO—to allow ED to take corrective action in response to the GAO's March 27, 2017 Decision. ECF No. 87; Gen. Revenue Corp., B-414220.2, Mar. 27, 2017, 2017 WL 1316186; see also Litton Systems, Inc. v. Sundstrand Corp., 750 F.2d 952, 961 (Fed. Cir. 1984).

The court's stated purpose in issuing the May 2, 2017 Preliminary Injunction was "not to micromanage ED's debt collection efforts, but to protect the interest of all parties and afford the Government an opportunity to reach a global solution of the aforementioned cases." ECF No. 87 at 3.

III. CONCLUSION.

For these reasons, the court has determined that the Government's May 19, 2017 Motion To Vacate Preliminary Injunction, Alltran's June 9, 2017 Motion To Stay Pending Appeal, and Alltran's July 24, 2017 Motion To Expedite Ruling On Pending Motion For Stay Pending Appeal are denied.

The court also orders the Government to advise the appellate court whether ED's proposed corrective action may render pending motions, as well as the underlying appeal, moot, prior to the December 8, 2017 oral argument.

IT IS SO ORDERED.

Court Appendix A

APPEAL, CRSAPP, ECF, LEAD, PROTO, STAYED US Court of Federal Claims United States Court of Federal Claims (COFC) CIVIL DOCKET FOR CASE #: 1:17-cv-00449-SGB Internal Use Only CONTINENTAL SERVICE GROUP, INC. v. USA Date Filed: 03/28/2017 Assigned to: Chief Judge Susan G. Braden Jury Demand: None Member cases: Nature of Suit: 140 Contract - (Post 1:17-cv-00499-SGB Award) Injunction 1:17-cv-00493-SGB Jurisdiction: U.S. Government 1:17-cv-00517-SGB Defendant 1:17-cv-00578-SGB 1:17-cv-00558-SGB 1:17-cv-00633-SGB Case in other court: 17-02155 17-02215 17-02342 17-02391 Cause: 28:1491 Tucker Act Plaintiff CONTINENTAL SERVICE represented by Todd John Canni GROUP, INC. Pillsbury Winthrop Shaw Pittman, LLP (CA) 725 South Figueroa Street Suite 2800 Los Angeles, CA 90017 (213) 488-7213 Fax: (213) 629-1033 Email: todd.canni@pillsburylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Intervenor Plaintiff COLLECTION TECHNOLOGY, represented by Anuj Vohra INC. Covington & Burling LLP (DC) One City Center 850 Tenth Street, NW Washington, DC 20001-4956 (202) 662-5362 Fax: (202) 778-5362 Email: avohra@cov.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Plaintiff PROGRESSIVE FINANCIAL represented by Thomas Andrew Coulter SERVICES, INC. LeClair Ryan, A Professional Corporation Riverfront Plaza, East Tower 951 East Byrd Street P.O. Box 2499 Richmond, VA 23218-2499 (804) 916-7103 Fax: (804) 916-7203 Email: thomas.coulter@leclairryan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Plaintiff ALLTRAN EDUCATION, INC. represented by Daniel R. Forman Crowell & Moring LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004-2595 (202) 624-2504 Fax: (202) 628-5116 Email: dforman@crowell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Plaintiff PERFORMANT RECOVERY, INC. represented by Thomas Leo McGovern, III Hogan Lovells US LLP (DC) 555 13th Street, NW Washington, DC 20004-1109 (202) 637-5784 Fax: (202) 637-5910 Email: thomas.mcgovern@hoganlovells.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Plaintiff VAN RU CREDIT CORPORATION represented by Seamus Curley Stroock & Stroock & Lavan LLP 1875 K Street, NW Suite 800 Washington, DC 20006 (202) 739-2889 Fax: (202) 739-2895 Email: scurley@stroock.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Plaintiff ALLIED INTERSTATE LLC represented by Stuart B. Nibley K&L Gates, LLP (DC) 1601 K Street, NW Washington, DC 20006-1600 (202) 778-9428 Fax: (202 778-9100 Email: stu.nibley@klgates.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Consolidated Plaintiff PIONEER CREDIT RECOVERY, represented by Jonathan D. Shaffer INC. Smith Pachter McWhorter PLC 8000 Towers Crescent Drive Suite 900 Tysons Corner, VA 22182 (703) 847-6300 Fax: (703) 847-6312 Email: jshaffer@smithpachter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Consolidated Plaintiff ACCOUNT CONTROL represented by Jonathan S. Aronie TECHNOLOGY, INC. Sheppard Mullin Richter & Hampton LLP (DC) 2099 Pennsylvania Avenue, NW Suite 100 Washington, DC 20006-6801 202-747-1902 Fax: 202-747-1901 Email: jaronie@sheppardmullin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Consolidated Plaintiff PROGRESSIVE FINANCIAL represented by Thomas Andrew Coulter SERVICES, INC (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Consolidated Plaintiff VAN RU CREDIT CORPORATION represented by Seamus Curley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Consolidated Plaintiff COLLECTION TECHNOLOGY, represented by Anuj Vohra INC. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Consolidated Plaintiff ALLTRAN EDUCATION, INC. represented by Daniel R. Forman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant USA represented by Lauren Springer Moore U. S. Department of Justice - Civil Div. Post Office Box 480 Ben Franklin Station Washington, DC 20044 (202) 616-0333 Fax: (202) 514-8640 Email: lauren.moore@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Alexis J. Echols U.S. Department of Justice — Commercial Lit. Civil Division Post Office Box 480 Ben Franklin Station Washington, DC 20044 (202) 616-0463 Fax: (202) 514-8624 Email: alexis.echols@usdoj.gov ATTORNEY TO BE NOTICED David Richard Pehlke U.S. Department of Justice — Civil Division (G) Post Office Box 480 Ben Franklin Station Washington, DC 20044 (202) 307-0252 Fax: (202) 353-0461 Email: david.r.pehlke@usdoj.gov ATTORNEY TO BE NOTICED Sheryl Lynn Floyd U. S. Department of Justice - Civil Div. Post Office Box 480 Ben Franklin Station Washington, DC 20044 (202) 616-8278 Fax: (202) 514-8624 Email: sheryl.floyd@usdoj.gov ATTORNEY TO BE NOTICED V. Intervenor Defendant CBE GROUP, INC. represented by Jeffery Mitchell Chiow Rogers Joseph 0 Donnell, PC (DC) 875 15th Street, NW Suite 725 Washington, DC 20005 (202) 777-8952 Fax: (202) 347-8429 Email: jchiow@rjo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant PREMIERE CREDIT OF NORTH represented by Craig Alan Holman AMERICA, LLC Arnold & Porter Kaye Scholer LLP (DC) 601 Massachusetts Avenue, NW Washington, DC 20001 (202) 942-5722 Fax: (202) 942-5999 Email: Craig.Holman@apks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant GC SERVICES LIMITED represented by William M. Jack PARTNERSHIP Kelley Drye and Warren LLP (DC) 3050 K Street, NW Suite 400 Washington, DC 20007 (202) 342-8521 Fax: (202) 719-6037 Email: wjack@kelleydrye.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant VALUE RECOVERY HOLDINGS, represented by James C. Fontana LLC Depmsey Fontana, PLLC 8133 Leesburg Pike Suite 500 Tysons Corner, VA 22181 (703) 880-9172 Email: jfontana@deftlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant WINDHAM PROFESSIONALS, represented by David Thomas Ralston, Jr. INC. Foley & Lardner LLP (DC) 3000 K Street, N.W. Suite 600 Washington, DC 20007-5109 (202) 295-4097 Fax: (202) 672-5399 Email: dralston@foley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant AUTOMATED COLLECTION represented by John Ryan Prairie SERVICES, INC. Wiley Rein, LLP 1776 K Street, NW Washington, DC 20006 (202) 719-7167 Fax: (202) 719-7049 Email: jprairie@wileyrein.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant FMS INVESTMENT CORP. represented by David Ronald Johnson Vinson & Elkins L.L.P. (DC) 2200 Pennsylvania Avenue, NW Suite 500-West Washington, DC 20037-1701 (202) 639-6500 Email: drj ohnson@velaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant TEXAS GUARANTEED STUDENT represented by Thomas Parker McLish LOAN CORP. Akin, Gump, et al 1333 New Hampshire Avenue, N.W. Suite 400 Washington, DC 20036 (202) 887-4324 Fax: (202) 887-4288 Email: tmclish@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant ALLTRAN EDUCATION, INC. represented by Daniel R. Forman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 10/27/2017 199 NOTICE, filed by USA (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Moore, Lauren) (Entered: 10/27/2017) 10/25/2017 198 ORDER Signed by Chief Judge Susan G. Braden. (cn) Copy to parties. (Entered: 10/25/2017) 10/19/2017 197 STATUS REPORT, filed by USA. (Moore, Lauren) (Entered: 10/19/2017) 10/11/2017 196 STATUS REPORT ORDER Government Status Report due by 10/20/2017 Signed by Chief Judge Susan G. Braden. (cn) Copy to parties. (Entered: 10/11/2017) 09/21/2017 195 STATUS REPORT, filed by USA. (Attachments: # 1 Exhibit Exhibit A) (Moore, Lauren) (Entered: 09/21/2017) 09/14/2017 (Court only) Keywords: re: 193 Unreported Order; Bid Protest; Correct Action; Status Report (cn) (Entered: 09/14/2017) 09/14/2017 193 UNREPORTED ORDER: The court directs the Government to file a status report within five days of the United States Court of Appeals for the Federal Circuits decision on the Governments motion for leave to file documents. Signed by Chief Judge Susan G. Braden. (cn) Copy to parties. Modified on 9/18/2017 to add additional text to entry (ar). (Entered: 09/14/2017) 09/14/2017 192 STATUS REPORT, filed by USA. (Moore, Lauren) (Entered: 09/14/2017) 09/12/2017 (Court only) Keywords: re: 194 Unreported Order; Bid Protest; Corrective Action; TRO; Preliminary Injunction; Motion For Emergency Relief (41) (Entered: 09/15/2017) 09/12/2017 194 Docketed for Administrative Purposes MEMORANDUM OPINION AND ORDER denying 188 Motion. Signed by Chief Judge Susan G. Braden. OM Copy to parties. (Entered: 09/15/2017) 09/12/2017 191 ORDER denying 188 Motion Signed by Chief Judge Susan G. Braden. (cn) Copy to parties. (Entered: 09/12/2017) 09/08/2017 190 RESPONSE to 188 MOTION For Emergency Relief and Objection to Defendant's Notice of "Limited" Recall of Accounts re 187 Notice (Other), filed by USA.Reply due by 9/15/2017. (Echols, Alexis) (Entered: 09/08/2017) 09/08/2017 189 NOTICE, filed by PROGRESSIVE FINANCIAL SERVICES, INC, PROGRESSIVE FINANCIAL SERVICES, INC. re 188 MOTION For Emergency Relief and Objection to Defendant's Notice of "Limited" Recall of Accounts re 187 Notice (Other), 187 Notice (Other) Concerning Progressive Financial Services, Inc.'s Motion for Emergency Relief (Coulter, Thomas) (Entered: 09/08/2017) 09/08/2017 188 MOTION For Emergency Relief and Objection to Defendant's Notice of "Limited" Recall of Accounts re 187 Notice (Other), filed by PROGRESSIVE FINANCIAL SERVICES, INC, PROGRESSIVE FINANCIAL SERVICES, Inc., Response due by 9/22/2017.(Coulter, Thomas) (Entered: 09/08/2017) 09/07/2017 187 NOTICE, filed by USA Notice of Limited Recall of Accounts (Moore, Lauren) (Entered: 09/07/2017) 09/05/2017 (Court only) Remark — David R. Pehlke is the attorney for the defendant in Case No. 17-493 C; Sheryl L. Floyd is the attorney for the defendant in Case No. 17-517 C; Alexis J. Echols is the attorney for the defendant is Case Nos. 17-558 C, 17-578 C and 17-633 C; Lauren S. Moore is the attorney for defendant in Case Nos. 17-449 C and 17-499 C. (dls) (Entered: 09/05/2017) 09/05/2017 186 ORDER consolidating this case with Case Nos. 17-499C, 17-493 C, 17-517 C, 17-558 C and 17-633 C. All future filings are to be in this case. Signed by Chief Judge Susan G. Braden. (cn) Copy to parties. Modified on 9/5/2017 to add docket text re: consolidation. (dls). (Entered: 09/05/2017) 08/29/2017 (Court only) Keywords: re: 185 Status Report(pt) (Entered: 08/29/2017) 08/29/2017 185 REPORTED ORDER Status Report due by 9/14/2017. Signed by Chief Judge Susan G. Braden. (pt) Copy to parties. (Entered: 08/29/2017) 08/24/2017 184 NOTICE, filed by USA Notice of the Status of Corrective Action (Moore, Lauren) (Entered: 08/24/2017) 08/07/2017 CAFC Case Number 2017-2391 for 181 Notice of Appeal, filed by NATIONAL RECOVERIES, INC. (hwl) (Entered: 08/07/2017) 08/04/2017 183 STATUS REPORT, filed by USA. (Attachments: # 1 Affidavit Declaration of Dr. Patrick Bradfiedl, # 2 Affidavit Declaration of William Leith)(McCarthy, Patricia) (Entered: 08/04/2017) 08/03/2017 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 181 Notice of Appeal. (hwl) (Entered: 08/03/2017) 08/02/2017 182 UNREPORTED ORDER Status Report due by 8/4/2017. Signed by Chief Judge Susan G. Braden. (cn) Copy to parties. (Entered: 08/02/2017) 08/02/2017 181 NOTICE OF APPEAL as to 176 Order on Motion to Intervene . . . filed by NATIONAL RECOVERIES, Inc., Filing fee $ 505, receipt number 9998-4108898. Copies to judge, opposing party and CAFC. (Attachments: # 1 Certificate of Service)(DeLisle, Edward) (Entered: 08/02/2017) 07/28/2017 180 CROSS MOTION and RESPONSE to 179 Motion to Expedite filed by ALLTRAN EDUCATION, INC., filed by CONTINENTAL SERVICE GROUP, INC. Response due by 8/14/2017. (Ginsberg, Alexander) (Entered: 07/28/2017) 07/25/2017 CAFC Case Number 2017-2342 for 178 Notice of Appeal filed by PIONEER CREDIT RECOVERY, INC. (hwl) (Entered: 07/25/2017) 07/24/2017 179 MOTION to Expedite Ruling on Pending Motion for Stay Pending Appeal, filed by ALLTRAN EDUCATION, Inc., Response due by 8/10/2017.(Forman, Daniel) (Entered: 07/24/2017) 07/21/2017 178 NOTICE OF APPEAL, filed by PIONEER CREDIT RECOVERY, INC., Filing fee $ 505, receipt number 9998-4084562. Copies to judge, opposing party and CAFC. (Shaffer, Jonathan) (Entered: 07/21/2017) 07/18/2017 177 Court of Appeals for the Federal Circuit ORDER re: 154 Notice of Appeal. (hwl) (Entered: 07/20/2017) 07/07/2017 ORDER finding as moot 44 Motion for Leave to File Amicus Brief; finding as moot 52 Application for Access to Protected Material; finding as moot 54 Application for Access to Protected Material; finding as moot 55 Motion for Leave to File Amicus Brief; finding as moot 57 Application for Access to Protected Material; finding as moot 72 Motion for Leave to File; finding as moot 74 Motion for TRO; finding as moot 76 Motion to Redact; finding as moot 77 Motion to Amend Pleadings — Rule 15(b) Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 07/07/2017) 07/07/2017 ORDER finding as moot 86 Motion for Leave to File Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 07/07/2017) 07/07/2017 ORDER finding as moot 152 Motion for Leave to File Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 07/07/2017) 07/07/2017 ORDER finding as moot 142 Motion for Leave to File Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 07/07/2017) 07/07/2017 ORDER granting 170 Motion to Amend/Correct Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 07/07/2017) 07/07/2017 176 ORDER denying 69 Motion to Intervene; denying 75 Motion to Intervene; finding as moot 153 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 07/07/2017) 07/07/2017 175 **SEALED**REPLY to Response to Motion re 155 MOTION to Stay Preliminary Injunction Pending Appeal Limited Reply to Financial Management System, Inc.'s Response to Alltran Motion 163, filed by PIONEER CREDIT RECOVERY, INC., (Attachments: # 1 Exhibit Declaration)(Shaffer, Jonathan) (Entered: 07/07/2017) 07/06/2017 174 REPLY to Response to Motion re 155 MOTION to Stay Preliminary Injunction Pending Appeal, filed by ALLTRAN EDUCATION, INC., (Forman, Daniel) (Entered: 07/06/2017) 07/06/2017 173 ORDER granting 171 Motion for Leave to File Limited ReplyBrief due by 7/14/2017 Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 07/06/2017) 07/03/2017 172 REPLY to Response to Motion re 156 MOTION to Consolidate Cases 17-664 with this case in Light of Alltran's Motion for Stay Pending Appeal, filed by CONTINENTAL SERVICE GROUP, Inc., (Ginsberg, Alexander) (Entered: 07/03/2017) 06/28/2017 171 **SEALED** MOTION for Leave to File Limited Reply, filed by PIONEER CREDIT RECOVERY, Inc., Response due by 7/17/2017. (Attachments: # 1 Exhibit Limited Reply, # 2 Exhibit Declaration, # 3 Text of Proposed Order)(Shaffer, Jonathan) (Entered: 06/28/2017) 06/28/2017 170 MOTION to Amend/Correct Case Caption, filed by FINANCIAL MANAGEMENT SYSTEMS, INC. Response due by 7/17/2017. (Attachments: # 1 Exhibit Updated Disclosure Statement)(Johnson, David) (Entered: 06/28/2017) 06/26/2017 (Court only) Set/Reset Deadlines: Reply due by 7/10/2017. (dw) (Entered: 06/27/2017) 06/26/2017 (Court only) Set/Reset Deadlines: Reply due by 7/10/2017. (dw) (Entered: 06/27/2017) 06/26/2017 169 **SEALED** RESPONSE to 152 MOTION for Leave to File Leave to file Amended PI Preliminary Injunction, filed by CONTINENTAL SERVICE GROUP, INC. Reply due by 7/10/2017. (Ginsberg, Alexander) Modified on 6/27/2017 to correct reply due date (dw). (Entered: 06/26/2017) 06/26/2017 168 RESPONSE to 155 MOTION to Stay Preliminary Injunction Pending Appeal, filed by CONTINENTAL SERVICE GROUP, Inc., Reply due by 7/10/2017. (Ginsberg, Alexander) Modified on 6/27/2017 to correct reply due date (dw). (Entered: 06/26/2017) 06/23/2017 CAFC Case Number 2017-2215 for 165 Notice of Appeal filed by USA. (ac7) (Entered: 06/26/2017) 06/23/2017 167 TRANSCRIPT of Proceedings held on April 10, 2017 before Chief Judge Susan G. Braden. Total No. of Pages: 1-55. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the proceeding (click HERE) Notice of Intent to Redact due 6/30/2017. Redacted Transcript Deadline set for 7/24/2017. Release of Transcript Restriction set for 9/21/2017. (ew) (Entered: 06/26/2017) 06/23/2017 166 Notice Of Filing Of Certified Transcript for proceedings held on April 10, 2017 in Washington, D.C. (ew) (Entered: 06/26/2017) 06/22/2017 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 165 Notice of Appeal (ar) (Entered: 06/22/2017) 06/22/2017 165 NOTICE OF APPEAL, filed by USA. Copies to judge, opposing party and CAFC. (Moore, Lauren) (Entered: 06/22/2017) 06/20/2017 (Court only) Set/Reset Deadlines: Reply due by 7/3/2017. (dw) (Entered: 06/21/2017) 06/20/2017 164 RESPONSE to 156 MOTION to Consolidate Cases 17-664 with this case in Light of Alltran's Motion for Stay Pending Appeal, filed by USA. Reply due by 7/3/2017. (Moore, Lauren) (Entered: 06/20/2017) 06/19/2017 (Court only) Set/Reset Deadlines: Reply due by 7/3/2017. (dw) (Entered: 06/20/2017) 06/19/2017 163 RESPONSE to 155 MOTION to Stay Preliminary Injunction Pending Appeal, filed by FINANCIAL MANAGEMENT SYSTEMS, Inc., Reply due by 7/3/2017. (Attachments: # 1 Exhibit A — PCA Report) (Johnson, David) (Entered: 06/19/2017) 06/16/2017 (Court only) Set/Reset Deadlines: Reply due by 6/30/2017. (dw) (Entered: 06/19/2017) 06/16/2017 162 RESPONSE to 155 MOTION to Stay Preliminary Injunction Pending Appeal, filed by PIONEER CREDIT RECOVERY, Inc., Reply due by 6/30/2017. (Attachments: # 1 Text of Proposed Order)(Shaffer, Jonathan) (Entered: 06/16/2017) 06/15/2017 161 ORDER granting 146 Motion to Intervene; granting 148 Application for Access to Protected Material; granting 149 Application for Access to Protected Material; granting 150 Application for Access to Protected Material; granting 151 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 06/15/2017) 06/14/2017 (Court only) Keywords: re: 160 Mootness; RCFC 12(b)(1) (Lack of Subject Matter Jurisdiction); RCFC 41(a)(2)(A)(ii)(Voluntary Dismissal By The Plaintiff). (rgh) (Entered: 06/14/2017) 06/14/2017 160 REPORTED ORDER denying 133 Motion to Dismiss. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 06/14/2017) 06/14/2017 159 RESPONSE to 153 Joint MOTION to Intervene Expedited Ruling, filed by CONTINENTAL SERVICE GROUP, INC., Reply due by 6/26/2017. (Ginsberg, Alexander) (Entered: 06/14/2017) 06/14/2017 158 RESPONSE to 142 MOTION for Leave to File Its Amended Motion to Intervene, filed by CONTINENTAL SERVICE GROUP, INC., Reply due by 6/26/2017. (Ginsberg, Alexander) (Entered: 06/14/2017) 06/14/2017 CAFC Case Number 2017-2155 for 154 Notice of Appeal filed by ALLTRAN EDUCATION, INC., (ac7) (Entered: 06/14/2017) 06/14/2017 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 154 Notice of Appeal (ar) (Entered: 06/14/2017) 06/13/2017 (Court only) Set/Reset Deadlines: Reply due by 6/26/2017. (dw) (Entered: 06/14/2017) 06/13/2017 157 RESPONSE to 155 MOTION to Stay Preliminary Injunction Pending Appeal, filed by USA. Reply due by 6/26/2017. (Attachments: # 1 Affidavit Manning Declaration, # 2 Affidavit Wong Declaration, # 3 Affidavit Credit Adjustments Declaration, # 4 Affidavit Traficante-Cann Declaration, # 5 Affidavit Yanes Declaration)(Moore, Lauren) Modified on 6/14/2017 to correct reply due date (dw). (Entered: 06/13/2017) 06/09/2017 156 MOTION to Consolidate Cases 17-664 with this case in Light of Alltran's Motion for Stay Pending Appeal, filed by CONTINENTAL SERVICE GROUP, INC., Response due by 6/26/2017. (Canni, Todd) (Entered: 06/09/2017) 06/09/2017 155 MOTION to Stay Preliminary Injunction Pending Appeal, filed by ALLTRAN EDUCATION, INC., Response due by 6/26/2017. (Attachments: # 1 Text of Proposed Order)(Forman, Daniel) (Entered: 06/09/2017) 06/09/2017 154 NOTICE OF APPEAL, filed by ALLTRAN EDUCATION, INC., Filing fee $ 505, receipt number 9998-4007805. Copies to judge, opposing party and CAFC. (Forman, Daniel) (Entered: 06/09/2017) 06/07/2017 153 Joint MOTION to Intervene Expedited Ruling, filed by CREDIT ADJUSTMENTS, INC., F.H. CANN & ASSOCIATES, INC., IMMEDIATE CREDIT RECOVERY, INC., PROFESSIONAL BUREAU OF COLLECTIONS OF MARYLAND, INC., Response due by 6/26/2017. (Pearson, Rebecca) (Entered: 06/07/2017) 06/07/2017 152 MOTION for Leave to File Leave to file Amended PI Preliminary Injunction, filed by CREDIT ADJUSTMENTS, INC., F.H. CANN & ASSOCIATES, INC., IMMEDIATE CREDIT RECOVERY, INC., PROFESSIONAL BUREAU OF COLLECTIONS OF MARYLAND, INC_Response due by 6/26/2017. (Attachments: # 1 Exhibit Motion to Amend Preliminary Injunction & Memo in Support)(Pearson, Rebecca) (Entered: 06/07/2017) 06/06/2017 151 APPLICATION for Access to Protected Material by John P. Fletcher, filed by Automated Collection Services, Inc., (Prairie, John) (Entered: 06/06/2017) 06/06/2017 150 APPLICATION for Access to Protected Material by Cara L. Lasley, filed by Automated Collection Services, Inc., (Prairie, John) (Entered: 06/06/2017) 06/06/2017 149 APPLICATION for Access to Protected Material by Brian G. Walsh, filed by Automated Collection Services, Inc., (Prairie, John) (Entered: 06/06/2017) 06/06/2017 148 APPLICATION for Access to Protected Material by John R. Prairie, filed by Automated Collection Services, Inc., (Prairie, John) (Entered: 06/06/2017) 06/06/2017 147 Rule 7.1 Disclosure Statement, filed by Automated Collection Services, Inc., (Prairie, John) (Entered: 06/06/2017) 06/06/2017 146 MOTION to Intervene, filed by Automated Collection Services, Inc., Response due by 6/23/2017. (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Text of Proposed Order)(Prairie, John) (Entered: 06/06/2017) 06/02/2017 145 REPLY to Response to Motion re 133 MOTION to Dismiss, filed by USA. (Moore, Lauren) (Entered: 06/02/2017) 06/01/2017 144 NOTICE, filed by PIONEER CREDIT RECOVERY, INC. (Attachments: # 1 Exhibit 1 to ECF No. 139)(Shaffer, Jonathan) (Entered: 06/01/2017) 05/31/2017 (Court only) Set/Reset Deadlines: Reply due by 6/19/2017. (dw) (Entered: 06/01/2017) 05/31/2017 ORDER granting 140 Motion for Leave to File Exhibit 1 to ECF 139 Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 05/31/2017) 05/31/2017 (Court only) Keywords: re: 143 Preliminary Injunction, RCFC 65(d). (rgh) (Entered: 05/31/2017) 05/31/2017 143 REPORTED ORDER. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/31/2017) 05/31/2017 142 **SEALED** MOTION for Leave to File Its Amended Motion to Intervene, filed by NATIONAL RECOVERIES, Inc., Response due by 6/19/2017. (Attachments: # 1 Certificate of Service, # 2 Proposed Order, # 3 Second Amended Motion to Intervene, # 4 Motion to Lift Preliminary Injunction, # 5 Rule 7.1 Disclosure Statement)(DeLisle, Edward) (Entered: 05/31/2017) 05/31/2017 141 **SEALED**RESPONSE to 133 MOTION to Dismiss, filed by CONTINENTAL SERVICE GROUP, INC., Reply due by 6/19/2017. (Ginsberg, Alexander) Modified on 6/1/2017 to correct the reply due date (dw). (Entered: 05/31/2017) 05/30/2017 140 MOTION for Leave to File Exhibit 1 to ECF 139, filed by PIONEER CREDIT RECOVERY, INC., Response due by 6/16/2017. (Attachments: # 1 Exhibit 1 to ECF 139)(Shaffer, Jonathan) (Entered: 05/30/2017) 05/30/2017 (Court only) Set/Reset Deadlines: Reply to Response to Motion to Dismiss due by 6/16/2017. (dw) (Entered: 05/30/2017) 05/30/2017 139 RESPONSE to 133 Motion to Dismiss, filed by PIONEER CREDIT RECOVERY, Inc., (Shaffer, Jonathan) (Entered: 05/30/2017) 05/25/2017 138 TRANSCRIPT of Proceedings held on May 22, 2017 before Chief Judge Susan G. Braden. Total No. of Pages: 1-66. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the proceeding (click HERE) Notice of Intent to Redact due 6/1/2017. Redacted Transcript Deadline set for 6/26/2017. Release of Transcript Restriction set for 8/24/2017. (ew) (Entered: 05/30/2017) 05/25/2017 137 Notice Of Filing Of Certified Transcript for proceedings held on May 22, 2017 in Washington, D.C. (ew) (Entered: 05/30/2017) 05/25/2017 136 **SEALED**REPLY to Response to Motion re 39 MOTION to Dismiss pursuant to Rule 12(b)(1), filed by CBE GROUP, Inc., (Chiow, Jeffery) (Entered: 05/25/2017) 05/25/2017 135 AMENDED DOCUMENT, filed by USA. Amended Notice of Corrective Action. (Moore, Lauren) (Entered: 05/25/2017) 05/24/2017 (Court only) Keywords: re: 134 Preliminary Injunction, Rule of the United States Court of Federal Claims 65(d).(jt1) (Entered: 05/24/2017) 05/23/2017 133 MOTION to Dismiss, filed by USA. Response due by 6/23/2017. (Moore, Lauren) (Entered: 05/23/2017) 05/22/2017 134 REPORTED OPINION — Continuation of Preliminary Injunction (Docketed for Administrative Purposes) Signed by Chief Judge Susan G. Braden. (jtl) Copy to parties. (Entered: 05/24/2017) 05/22/2017 132 UNREPORTED ORDER. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/22/2017) 05/22/2017 Minute Entry — Was the proceeding sealed to the public? no. Proceeding held in Washington, DC on 5/22/2017 before Chief Judge Susan G. Braden: Status Conference. [Total number of days of proceeding: 1]. Official record of proceeding taken by court reporter. To order a certified transcript or an audio copy of the proceeding, click HERE.(41) (Entered: 05/22/2017) 05/22/2017 (Court only) Set/Reset Deadlines: Reply due by 6/5/2017. (dw) (Entered: 05/22/2017) 05/22/2017 (Court only) Set/Reset Deadlines: Reply due by 6/5/2017. (dw) (Entered: 05/22/2017) 05/22/2017 130 RESPONSE to 126 MOTION to Vacate Preliminary Injunction, filed by GC SERVICES LIMITED PARTNERSHIP. Reply due by 6/5/2017. (Jack, William) Modified on 5/22/2017 to correct reply due date (dw). (Entered: 05/22/2017) 05/22/2017 129 RESPONSE to 126 Motion to Vacate, filed by CBE GROUP, INC., PREMIERE CREDIT OF NORTH AMERICA, LLC. Reply due 6/5/2017. (Attachments: # 1 Exhibit A-D)(Holman, Craig) (Entered: 05/22/2017) 05/22/2017 128 **SEALED**NOTICE, filed by ALLTRAN EDUCATION, INC. of Alltran's Opposition to a Further Injunction (Forman, Daniel) (Entered: 05/22/2017) 05/22/2017 127 RESPONSE to 126 Motion to Vacate, filed by CBE GROUP, INC., PREMIERE CREDIT OF NORTH AMERICA, LLC. (Holman, Craig) (Entered: 05/22/2017) 05/19/2017 131 Docketed for Administrative Purposes UNREPORTED ORDER re: 122 Notice (Other) filed by USA, SCHEDULING ORDER: (Status Conference set for 5/22/2017 01:00 PM in National Courts Building before Chief Judge Susan G. Braden.) Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/19/2017). Signed by Chief Judge Susan G. Braden. (41) Copy to parties. (Entered: 05/22/2017) 05/19/2017 126 MOTION to Vacate Preliminary Injunction, filed by USA.Response due by 6/5/2017. (Attachments: # 1 Exhibit Exhibit A, # 2 Affidavit Declaration — Wong, # 3 Affidavit Declaration — Runcie, # 4 Affidavit Declaration — Traficante-Cann, # 5 Affidavit Declaration — Yanes, # 6 Affidavit Declaration — Credit Adjustment)(Moore, Lauren) (Entered: 05/19/2017) 05/19/2017 125 **SEALED**REPLY to Response to Motion re 75 MOTION to Intervene, filed by NATIONAL RECOVERIES, Inc., (DeLisle, Edward) (Entered: 05/19/2017) 05/19/2017 124 ORDER granting 114 Application for Access to Protected Material; granting 115 Application for Access to Protected Material; granting 116 Application for Access to Protected Material; granting 117 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/19/2017) 05/19/2017 ORDER finding as moot 68 Motion for TRO Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 05/19/2017) 05/19/2017 123 ORDER re 122 Notice (Other) filed by USA, SCHEDULING ORDER: (Status Conference set for 5/22/2017 01:00 PM in National Courts Building before Chief Judge Susan G. Braden.) Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/19/2017) 05/19/2017 122 NOTICE, filed by USA Defendant's Notice of Corrective Action (Attachments: # 1 Exhibit Exhibit A, # 2 Affidavit Declaration)(Moore, Lauren) (Entered: 05/19/2017) 05/18/2017 121 **SEALED**REPLY to Response to Motion re 69 MOTION to Intervene, filed by CREDIT ADJUSTMENTS, INC., F.H. CANN & ASSOCIATES, INC., IMMEDIATE CREDIT RECOVERY, INC., PROFESSIONAL BUREAU OF COLLECTIONS OF MARYLAND, Inc., (Attachments: # 1 Affidavit Declaration of Robert A. Schuerger, II) (Pearson, Rebecca) (Entered: 05/18/2017) 05/18/2017 120 **SEALED** MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, filed by CONTINENTAL SERVICE GROUP, INC., Response due by 6/5/2017. (Ginsberg, Alexander) (Entered: 05/18/2017) 05/18/2017 119 TRANSCRIPT of Proceedings held on April 21, 2017 before Chief Judge Susan G. Braden. Total No. of Pages: 1-73. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the proceeding (click HERE) Notice of Intent to Redact due 5/25/2017. Redacted Transcript Deadline set for 6/19/2017. Release of Transcript Restriction set for 8/17/2017. (ew) (Entered: 05/18/2017) 05/18/2017 118 Notice Of Filing Of Certified Transcript for proceedings held on April 21, 2017 in Washington, D.C. (ew) (Entered: 05/18/2017) 05/18/2017 117 APPLICATION for Access to Protected Material by Stephanie L. Crawford, filed by ALLTRAN EDUCATION, Inc., (Forman, Daniel) (Entered: 05/18/2017) 05/18/2017 116 APPLICATION for Access to Protected Material by Robert J. Sneckenberg, filed by ALLTRAN EDUCATION, Inc., (Forman, Daniel) (Entered: 05/18/2017) 05/18/2017 115 APPLICATION for Access to Protected Material by James G. Peyster, filed by ALLTRAN EDUCATION, Inc., (Forman, Daniel) (Entered: 05/18/2017) 05/18/2017 114 APPLICATION for Access to Protected Material by Daniel R. Forman, filed by ALLTRAN EDUCATION, Inc., (Forman, Daniel) (Entered: 05/18/2017) 05/18/2017 113 ORDER granting 108 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/18/2017) 05/15/2017 112 REDACTED DOCUMENT, filed by CONTINENTAL SERVICE GROUP, INC. redacting 99 Response to Motion, . (Attachments: # 1 Exhibit)(Ginsberg, Alexander) (Entered: 05/15/2017) 05/15/2017 109 REDACTED DOCUMENT, filed by PIONEER CREDIT RECOVERY, INC. redacting 97 Response to Motion, . (Shaffer, Jonathan) (Entered: 05/15/2017) 05/12/2017 111 TRANSCRIPT of Proceedings held on March 29, 2017 before Chief Judge Susan G. Braden. Total No. of Pages: 1-23. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the proceeding (click HERE) Notice of Intent to Redact due 5/19/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (ew) (Entered: 05/15/2017) 05/12/2017 110 Notice Of Filing Of Certified Transcript for proceedings held on March 29, 2017 in Washington, D.C. (ew) (Entered: 05/15/2017) 05/12/2017 108 MOTION to Intervene as Plaintiff, filed by ALLTRAN EDUCATION, INC., Response due by 5/30/2017. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1 Disclosure Statement)(Forman, Daniel) (Entered: 05/12/2017) 05/11/2017 107 **SEALED**RESPONSE and reply to 51 MOTION to Dismiss Plaintiffs Complaint and to Vacate the Temporary Restraining Order and Related Stay, filed by CONTINENTAL SERVICE GROUP, INC., Reply due by 5/30/2017. (Ginsberg, Alexander) (Entered: 05/11/2017) 05/10/2017 106 **SEALED**PROPOSED REDACTED DOCUMENT, filed by CONTINENTAL SERVICE GROUP, Inc., Redaction of 99 Response to Motion, FILED UNDER SEAL. (Attachments: # 1 Exhibit)(Ginsberg, Alexander) (Entered: 05/10/2017) 05/10/2017 105 SCHEDULING ORDER: Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/10/2017) 05/10/2017 ORDER granting 103 Application for Access to Protected Material; granting 104 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/10/2017) 05/09/2017 104 APPLICATION for Access to Protected Material by Nicole H. Brakstad, filed by PROGRESSIVE FINANCIAL SERVICES, Inc., (Brakstad, Nicole) (Entered: 05/09/2017) 05/09/2017 103 APPLICATION for Access to Protected Material by Thomas A. Coulter, filed by PROGRESSIVE FINANCIAL SERVICES, Inc., (Brakstad, Nicole) (Entered: 05/09/2017) 05/09/2017 102 **SEALED**PROPOSED REDACTED DOCUMENT, filed by PIONEER CREDIT RECOVERY, INC., Redaction of 97 Response to Motion, FILED UNDER SEAL. (Shaffer, Jonathan) (Entered: 05/09/2017) 05/09/2017 ORDER granting 91 Application for Access to Protected Material; granting 92 Application for Access to Protected Material; granting 93 Application for Access to Protected Material; granting 94 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 05/09/2017) 05/08/2017 101 TRANSCRIPT of Proceedings held on May 2, 2017 before Judge Chief Judge Susan G. Braden. Total No. of Pages: 1-37. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the proceeding (click HERE) Notice of Intent to Redact due 5/15/2017. Redacted Transcript Deadline set for 6/8/2017. Release of Transcript Restriction set for 8/7/2017. (ew) (Evening Session) (Entered: 05/09/2017) 05/08/2017 100 Notice Of Filing Of Certified Transcript for proceedings held on May 2, 2017 in Washington, D.C. (ew) (Entered: 05/09/2017) 05/08/2017 (Court only) Set/Reset Deadlines: Reply due by 5/22/2017. (dw) (Entered: 05/09/2017) 05/08/2017 (Court only) Set/Reset Deadlines: Reply due by 5/22/2017. (dw) (Entered: 05/09/2017) 05/08/2017 99 **SEALED**RESPONSE to 75 MOTION to Intervene, 69 MOTION to Intervene, filed by CONTINENTAL SERVICE GROUP, Inc., Reply due by 5/22/2017. (Attachments: # 1 Exhibit)(Ginsberg, Alexander) Modified on 5/9/2017 to correct reply due date (dw). (Entered: 05/08/2017) 05/08/2017 98 **SEALED**RESPONSE to 39 MOTION to Dismiss pursuant to Rule 12(b)(1), filed by CONTINENTAL SERVICE GROUP, Inc., Reply due by 5/25/2017. (Ginsberg, Alexander) (Entered: 05/08/2017) 05/08/2017 97 **SEALED**RESPONSE to 75 MOTION to Intervene, 69 MOTION to Intervene, filed by PIONEER CREDIT RECOVERY, Inc., Reply due by 5/22/2017. (Shaffer, Jonathan) Modified on 5/9/2017 to correct reply due date (dw). (Entered: 05/08/2017) 05/05/2017 96 TRANSCRIPT of Proceedings held on May 2, 2017 before Judge Chief Judge Susan G. Braden. Total No. of Pages: 1-160. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the proceeding (click HERE) Notice of Intent to Redact due 5/12/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/3/2017. (Morning Session) (Entered: 05/08/2017) 05/05/2017 95 Notice Of Filing Of Certified Transcript for proceedings held on May 2, 2017 in Washington, D.C. (ew) (Entered: 05/08/2017) 05/05/2017 94 APPLICATION for Access to Protected Material by Anuj Vohra, filed by COLLECTION TECHNOLOGY, Inc., (Vohra, Anuj) (Entered: 05/05/2017) 05/05/2017 93 APPLICATION for Access to Protected Material by John W. Sorrenti, filed by COLLECTION TECHNOLOGY, Inc., (Vohra, Anuj) (Entered: 05/05/2017) 05/05/2017 92 APPLICATION for Access to Protected Material by Evan R. Sherwood, filed by COLLECTION TECHNOLOGY, Inc., (Vohra, Anuj) (Entered: 05/05/2017) 05/05/2017 91 APPLICATION for Access to Protected Material by Jason A. Carey, filed by COLLECTION TECHNOLOGY, Inc., (Vohra, Anuj) (Entered: 05/05/2017) 05/03/2017 (Court only) Set/Reset Deadlines: Plaintiffs Response(s) due by 5/8/2017. F.H. Cann and National Recoveries Reply due by 5/12/2017. (dw) (Entered: 05/03/2017) 05/03/2017 90 SCHEDULING ORDER: Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/03/2017) 05/02/2017 89 TRANSCRIPT of Proceedings held on April 24, 2017 before Judge Chief Judge Susan G. Braden. Total No. of Pages: 1-108. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the proceeding (click HERE) Notice of Intent to Redact due 5/9/2017. Redacted Transcript Deadline set for 6/2/2017. Release of Transcript Restriction set for 7/31/2017. (ew) (Entered: 05/03/2017) 05/02/2017 88 Notice Of Filing Of Certified Transcript for proceedings held on April 24, 2017 in Washington, D.C. (ew) (Entered: 05/03/2017) 05/02/2017 Minute Entry ¶ Was the proceeding sealed to the public? no. Proceeding held in Washington, D.C. on 5/2/2017. before Chief Judge Susan G. Braden: Hearing. [Total number of days of proceeding: 1]. Official record of proceeding taken by court reporter. To order a certified transcript or an audio copy of the proceeding, click HERE (rgh) (Entered: 05/02/2017) 05/02/2017 Minute Entry — Was the proceeding sealed to the public? no. Proceeding held in Washington, D.C. on 5/2/2017. before Chief Judge Susan G. Braden: Hearing. [Total number of days of proceeding: 1]. Official Record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio copy of the proceeding, click HERE (rgh) (Entered: 05/02/2017) 05/02/2017 (Court only) Keywords: re: 87 Preliminary Injunction, RCFC 65(d); Motion To Dismiss For Lack Of Subject Matter Jurisdiction, RCFC 12(b) (1). (rgh) (Entered: 05/02/2017) 05/02/2017 87 REPORTED ORDER on 82 MOTION to Dismiss MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, 51 MOTION to Dismiss Plaintiffs Complaint and to Vacate the Temporary Restraining Order and Related Stay filed by PREMIERE CREDIT OF NORTH AMERICA, LLC, 79 MOTION for Preliminary Injunction filed by PIONEER CREDIT RECOVERY, INC., 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by CONTINENTAL SERVICE GROUP, INC., 83 MOTION for Preliminary Injunction (Renewed) filed by CONTINENTAL SERVICE GROUP, INC. (Status Report due by 5/19/2017). Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/02/2017) 05/01/2017 (Court only) Set/Reset Deadlines: Reply due by 5/15/2017. (dw) (Entered: 05/02/2017) 05/01/2017 86 **SEALED** MOTION for Leave to File Opposition to Preliminary Injunction, filed by CREDIT ADJUSTMENTS, INC., F.H. CANN & ASSOCIATES, INC., IMMEDIATE CREDIT RECOVERY, INC., PROFESSIONAL BUREAU OF COLLECTIONS OF MARYLAND, Inc., Response due by 5/18/2017. (Attachments: # 1 Opposition to Preliminary Injunction, # 2 Memorandum in Support of Opposition to Preliminary Injunction)(Pearson, Rebecca) (Entered: 05/01/2017) 05/01/2017 85 RESPONSE to 83 MOTION for Preliminary Injunction (Renewed), filed by USA. Reply due by 5/15/2017. (Attachments: # 1 Exhibit Exhibit A, # 2 Affidavit Declaration)(Moore, Lauren) Modified on 5/2/2017 to correct reply due date (dw). (Entered: 05/01/2017) 05/01/2017 84 ORDER granting 78 Motion to Intervene; granting 80 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 05/01/2017) 05/01/2017 83 MOTION for Preliminary Injunction (Renewed), filed by CONTINENTAL SERVICE GROUP, Inc., Response due by 5/18/2017. (Ginsberg, Alexander) (Entered: 05/01/2017) 05/01/2017 82 MOTION to Dismiss Count VII pursuant to Rule 12(b)(1), filed by USA. Response due by 6/2/2017. (Moore, Lauren) Modified on 5/2/2017 to correct the docket text (dw). (Entered: 05/01/2017) 05/01/2017 (Court only) Set/Reset Deadlines: Reply due by 5/15/2017. (dw) (Entered: 05/01/2017) 05/01/2017 81 RESPONSE to 79 MOTION for Preliminary Injunction on behalf of all Defendant-Intervenors, filed by CBE GROUP, INC., FINANCIAL MANAGEMENT SYSTEMS, INC., GC SERVICES LIMITED PARTNERSHIP, PREMIERE CREDIT OF NORTH AMERICA, LLC, VALUE RECOVERY HOLDINGS, LLC, WINDHAM PROFESSIONALS, Inc., Reply due by 5/15/2017. (Attachments: # 1 Exhibit A through E, # 2 Affidavit re Harm by Chris Mullen TSI, # 3 Affidavit re Harm by Alex Reed CBE, # 4 Affidavit re Harm by Feroze Waheed Premiere)(Chiow, Jeffery) Modified on 5/1/2017 to correct the reply due date (dw). (Entered: 05/01/2017) 04/28/2017 80 MOTION to Intervene, filed by PROGRESSIVE FINANCIAL SERVICES, Inc., Response due by 5/15/2017. (Coulter, Thomas) (Entered: 04/28/2017) 04/28/2017 790 **SEALED** MOTION for Preliminary Injunction, filed by PIONEER CREDIT RECOVERY, Inc., Response due by 5/15/2017. (Attachments: # 1 Exhibit Memorandum in Support, # 2 Exhibit GAO Decision, # 3 Exhibit Pioneer GAO Filing, # 4 Exhibit Decl on Harm)(Shaffer, Jonathan) (Entered: 04/28/2017) 04/27/2017 78 MOTION to Intervene, filed by COLLECTION TECHNOLOGY, Inc., Response due by 5/15/2017. (Vohra, Anuj) (Entered: 04/27/2017) 04/27/2017 77 MOTION to Amend Pleadings — Rule 15 75 MOTION to Intervene, filed by NATIONAL RECOVERIES, Inc., Response due by 5/15/2017. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit NRI's Amended Motion to Intervene, # 3 Certificate of Service)(DeLisle, Edward) (Entered: 04/27/2017) 04/27/2017 76 **SEALED**First MOTION to Redact 69 MOTION to Intervene, filed by CREDIT ADJUSTMENTS, INC., F.H. CANN & ASSOCIATES, INC., IMMEDIATE CREDIT RECOVERY, INC., PROFESSIONAL BUREAU OF COLLECTIONS OF MARYLAND, Inc., Response due by 5/15/2017. (Attachments: # 1 Exhibit)(Pearson, Rebecca) (Entered: 04/27/2017) 04/26/2017 75 **SEALED** MOTION to Intervene, filed by NATIONAL RECOVERIES, Inc., Response due by 5/15/2017. (Attachments: # 1 Exhibit A, # 2 Certificate of Service, # 3 Proposed Order, # 4 Rule 7.1 Disclore Statement)(DeLisle, Edward) (Entered: 04/26/2017) 04/25/2017 74 Joint MOTION for Temporary Restraining Order Revision and Proposed Order, filed by CREDIT ADJUSTMENTS, INC., F.H. CANN & ASSOCIATES, INC., IMMEDIATE CREDIT RECOVERY, INC., PROFESSIONAL BUREAU OF COLLECTIONS OF MARYLAND, Inc., Response due by 5/12/2017.(Pearson, Rebecca) (Entered: 04/25/2017) 04/24/2017 Minute Entry — Was the proceeding sealed to the public? n.. Proceeding held in Washington, D.C. on 4/24/2017. before Chief Judge Susan G. Braden: Status Conference. [Total number of days of proceeding: 1]. Official record of proceeding taken by court reporter. To order a certified transcript or an audio copy of the proceeding, click HERE (rgh) (Entered: 04/24/2017) 04/24/2017 Minute Entry — Was the proceeding sealed to the public? n.. Proceeding held in Washington, D.C. on 4/21/2017. before Chief Judge Susan G. Braden: Status Conference. [Total number of days of proceeding: 1]. Official Record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio copy of the proceeding, click HERE (rgh) (Entered: 04/24/2017) 04/24/2017 73 TEMPORARY RESTRAINING ORDER Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/24/2017) 04/24/2017 72 **SEALED** MOTION for Leave to File Intervenors' Motion to Amend TRO, filed by CREDIT ADJUSTMENTS, INC., F.H. CANN & ASSOCIATES, INC., IMMEDIATE CREDIT RECOVERY, INC., PROFESSIONAL BUREAU OF COLLECTIONS OF MARYLAND, Inc., Response due by 5/11/2017. (Attachments: # 1 Appendix Intervenors' Motion to Amend TRO, # 2 Exhibit Exhibits to Intervenors' Motion to Amend TRO)(Pearson, Rebecca) (Entered: 04/24/2017) 04/24/2017 71 AMENDED DOCUMENT, filed by CBE GROUP, INC., PREMIERE CREDIT OF NORTH AMERICA, LLC. Amendment to 68 Emergency MOTION for Temporary Restraining Order Enforcement Proposed Revised Order. (Chiow, Jeffery) (Entered: 04/24/2017) 04/23/2017 70 REDACTED DOCUMENT, filed by CBE GROUP, INC. redacting 39 MOTION to Dismiss pursuant to Rule 12(b)(1) . (Chiow, Jeffery) (Entered: 04/23/2017) 04/21/2017 69 **SEALED** MOTION to Intervene, filed by F.H. CANN & ASSOCIATES, INC., PROFESSIONAL BUREAU OF COLLECTIONS OF MARYLAND, INC., IMMEDIATE CREDIT RECOVERY, INC., CREDIT ADJUSTMENTS, Inc., Response due by 5/8/2017. (Attachments: # 1 Exhibit Exhibits to Motion to Intervene, # 2 Affidavit F.H. Cann and Associates, Inc. Rule 7.1 Disclosures, # 3 Affidavit Credit Adjustments, Inc. Rule 7.1 Disclosures, # 4 Affidavit Immediate Credit Recovery, Inc. Rule 7.1 Disclosures, # 5 Affidavit Professional Bureau of Collections of Maryland, Inc. Rule 7.1 Disclosures)(Pearson, Rebecca) (Entered: 04/21/2017) 04/21/2017 68 Emergency MOTION for Temporary Restraining Order Enforcement, filed by CBE GROUP, INC., PREMIERE CREDIT OF NORTH AMERICA, LLC.Response due by 5/8/2017. (Attachments: # 1 Exhibit Movants Letter to ED, # 2 Exhibit ED's Response Letter, # 3 Exhibit Declaration)(Chiow, Jeffery) (Entered: 04/21/2017) 04/19/2017 (Court only) ***Set/Clear Flags (dw) (Entered: 04/24/2017) 04/19/2017 (Court only) Keywords: re: 67 Reported Order Staying Proceedings For Thirty Days, Stay Of Proceedings. (rgh) (Entered: 04/19/2017) 04/19/2017 67 REPORTED ORDER STAYING PROCEEDINGS FOR THIRTY DAYS Status Report due by 5/19/2017. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/19/2017) 04/19/2017 66 ORDER re 30 APPLICATION for Access to Protected Material by James C. Fontana, David B. Dempsey, L. James D'Agostino, Jeffry R. Cook filed by VALUE RECOVERY HOLDINGS, LLC Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/19/2017) 04/19/2017 ORDER granting 58 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/19/2017) 04/18/2017 65 NOTICE, filed by USA (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Exhibit A)(Moore, Lauren) (Entered: 04/18/2017) 04/18/2017 ORDER granting 59 Application for Access to Protected Material; granting 60 Application for Access to Protected Material; granting 61 Application for Access to Protected Material; granting 62 Application for Access to Protected Material; granting 63 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/18/2017) 04/18/2017 ORDER granting 64 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/18/2017) 04/14/2017 64 APPLICATION for Access to Protected Material by Micah T. Zomer, filed by WINDHAM PROFESSIONALS, Inc., (Ralston, David) (Entered: 04/14/2017) 04/14/2017 63 APPLICATION for Access to Protected Material by Anna S. Ross, filed by WINDHAM PROFESSIONALS, Inc., (Ralston, David) (Entered: 04/14/2017) 04/14/2017 62 APPLICATION for Access to Protected Material by Sean K. Griffin, filed by PIONEER CREDIT RECOVERY, Inc., (Shaffer, Jonathan) (Entered: 04/14/2017) 04/14/2017 61 APPLICATION for Access to Protected Material by Zachary D. Prince, filed by PIONEER CREDIT RECOVERY, Inc., (Shaffer, Jonathan) (Entered: 04/14/2017) 04/14/2017 60 APPLICATION for Access to Protected Material by Mary Pat Buckenmeyer, filed by PIONEER CREDIT RECOVERY, Inc., (Shaffer, Jonathan) (Entered: 04/14/2017) 04/14/2017 59 APPLICATION for Access to Protected Material by Jonathan D. Shaffer, filed by PIONEER CREDIT RECOVERY, Inc., (Shaffer, Jonathan) (Entered: 04/14/2017) 04/13/2017 (Court only) Remark — See 17-499 C for Order consolidating 17-449C and 17-499C. (hwl) (Entered: 04/13/2017) 04/13/2017 58 APPLICATION for Access to Protected Material by Glenn Sweatt, filed by CONTINENTAL SERVICE GROUP, Inc., (Attachments: # 1 Application of Glenn Sweatt)(Ginsberg, Alexander) (Entered: 04/13/2017) 04/13/2017 (Court only) ***Set/Clear Flags (dw) (Entered: 04/13/2017) 04/13/2017 Minute Entry — Was the proceeding sealed to the public? n.. Proceeding held in Washington, D.C. on 3/29/2017. before Chief Judge Susan G. Braden: Status Conference. [Total number of days of proceeding: 1]. Official Record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio copy of the proceeding, click HERE (rgh) (Entered: 04/13/2017) 04/10/2017 (Court only) Keywords: re: 56 Extension Of Temporary Restraining Order, RCFC 65(b)(2). (dw) (Entered: 04/11/2017) 04/10/2017 57 APPLICATION for Access to Protected Material by Miranda S. Riemer, filed by F.H. CANN & ASSOCIATES, Inc., (Pearson, Rebecca) (Entered: 04/10/2017) 04/10/2017 (Court only) Keywords: re: 56 Order on Motion to Amend/Correct, Unreported Order Extension Of Temporary Restraining Order, RCFC 65 (b)(2).(rgh) (Entered: 04/10/2017) 04/10/2017 56 UNREPORTED ORDER denying 34 Motion to Amend/Correct March 29, 2017 TRO and Extending TRO Until April 24, 2017. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 (Court only) Set/Reset Deadlines: Reply due by 4/21/2017. (dw) (Entered: 04/10/2017) 04/10/2017 (Court only) Set/Reset Deadlines: Reply due by 4/21/2017. (dw) (Entered: 04/10/2017) 04/10/2017 55 **SEALED** MOTION for Leave to File Amicus Brief & Participate in Hearing, filed by F.H. CANN & ASSOCIATES, Inc., Response due by 4/27/2017. (Pearson, Rebecca) (Entered: 04/10/2017) 04/10/2017 54 APPLICATION for Access to Protected Material by Christopher G. Griesedick, filed by F.H. CANN & ASSOCIATES, Inc., (Pearson, Rebecca) (Entered: 04/10/2017) 04/10/2017 53 **SEALED**MEMORANDUM re: 51 Motion to Dismiss., filed by PREMIERE CREDIT OF NORTH AMERICA, LLC. (Attachments: # 1 Exhibit A-J)(Holman, Craig) (Entered: 04/10/2017) 04/10/2017 52 APPLICATION for Access to Protected Material by Rebecca E. Pearson, filed by F.H. CANN & ASSOCIATES, Inc., (Pearson, Rebecca) (Entered: 04/10/2017) 04/10/2017 51 **SEALED** MOTION to Dismiss Plaintiffs Complaint and to Vacate the Temporary Restraining Order and Related Stay, filed by PREMIERE CREDIT OF NORTH AMERICA, LLC. Response due by 5/11/2017. (Attachments: # 1 Text of Proposed Order)(Holman, Craig) (Entered: 04/10/2017) 04/10/2017 50 ORDER re 29 APPLICATION for Access to Protected Material by Sharon K. Schiavetti filed by GC SERVICES LIMITED PARTNERSHIP, 26 APPLICATION for Access to Protected Material by David E. Frulla filed by GC SERVICES LIMITED PARTNERSHIP, 24 APPLICATION for Access to Protected Material by William M. Jack filed by GC SERVICES LIMITED PARTNERSHIP, 28 APPLICATION for Access to Protected Material by Elizabeth C. Johnson filed by GC SERVICES LIMITED PARTNERSHIP, 25 APPLICATION for Access to Protected Material by William C. MacLeod filed by GC SERVICES LIMITED PARTNERSHIP, 27 APPLICATION for Access to Protected Material by Amba M. Datta filed by GC SERVICES LIMITED PARTNERSHIP Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 49 ORDER re 21 APPLICATION for Access to Protected Material by Craig A. Holman, Kara L. Daniels, Dana E. Koffman, Sonia Tabriz, Michael E. Samuels filed by PREMIERE CREDIT OF NORTH AMERICA, LLC Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 ORDER granting 43 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 ORDER granting 42 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 48 ORDER granting 41 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 ORDER granting 37 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 ORDER granting 35 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 ORDER granting 33 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/10/2017 ORDER granting 36 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/10/2017) 04/09/2017 47 **SEALED**RESPONSE to 34 MOTION to Amend/Correct, filed by CONTINENTAL SERVICE GROUP, Inc., Reply due by 4/21/2017. (Ginsberg, Alexander) Modified on 4/10/2017 to correct the reply due date (dw). (Entered: 04/09/2017) 04/09/2017 46 RESPONSE to 34 MOTION to Amend/Correct the Court's Temporary Restraining Order, filed by FINANCIAL MANAGEMENT SYSTEMS, INC., Reply due by 4/21/2017. (Johnson, David) Modified on 4/10/2017 to correct reply due date (dw). (Entered: 04/09/2017) 04/09/2017 45 Rule 7.1 Disclosure Statement, filed by F.H. CANN & ASSOCIATES, Inc., (Pearson, Rebecca) (Entered: 04/09/2017) 04/09/2017 44 **SEALED** MOTION for Leave to File Amicus Brief, filed by F.H. CANN & ASSOCIATES, Inc., Response due by 4/27/2017. (Pearson, Rebecca) (Entered: 04/09/2017) 04/07/2017 43 APPLICATION for Access to Protected Material by Frank S. Murray, filed by WINDHAM PROFESSIONALS, Inc., (Ralston, David) (Entered: 04/07/2017) 04/07/2017 42 APPLICATION for Access to Protected Material by David T. Ralston, Jr., filed by WINDHAM PROFESSIONALS, Inc., (Ralston, David) (Entered: 04/07/2017) 04/07/2017 41 Unopposed MOTION to Intervene, filed by WINDHAM PROFESSIONALS, Inc., Response due by 4/24/2017. (Attachments: # 1 Supplement)(Ralston, David) (Entered: 04/07/2017) 04/07/2017 40 Rule 7.1 Disclosure Statement, filed by CBE GROUP, Inc., (Chiow, Jeffery) (Entered: 04/07/2017) 04/07/2017 39 **SEALED** MOTION to Dismiss pursuant to Rule 12(b)(1), filed by CBE GROUP, Inc., Response due by 5/8/2017. (Attachments: # 1 Exhibit Exhibits)(Chiow, Jeffery) (Entered: 04/07/2017) 04/05/2017 38 SCHEDULING ORDER: Status Conference set for 4/10/2017 01:00 PM in Chambers before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/05/2017) 04/05/2017 37 APPLICATION for Access to Protected Material, filed by CONTINENTAL SERVICE GROUP, Inc., (Attachments: # 1 Application of Todd J. Canni, # 2 Application of Richard B. Oliver, # 3 Application of Alexander B. Ginsberg, # 4 Application of J. Matthew Carter, # 5 Application of Aaron S. Ralph, # 6 Application of Meghan D. Doherty)(Ginsberg, Alexander) (Entered: 04/05/2017) 04/04/2017 36 APPLICATION for Access to Protected Material by Caroline E. Colpoys, filed by FINANCIAL MANAGEMENT SYSTEMS, Inc., (Johnson, David) (Entered: 04/04/2017) 04/04/2017 35 APPLICATION for Access to Protected Material by Tyler E. Robinson, filed by FINANCIAL MANAGEMENT SYSTEMS, Inc., (Johnson, David) (Entered: 04/04/2017) 04/04/2017 34 MOTION to Amend the court's Temporary Restraining Order pertaining to Count VII of the Complaint, filed by USA.Response due by 4/21/2017. (Attachments: # 1 Affidavit Declaration)(Moore, Lauren) Modified on 4/6/2017 to correct the docket text (dw). (Entered: 04/04/2017) 04/04/2017 33 APPLICATION for Access to Protected Material by David R. Johnson, filed by FINANCIAL MANAGEMENT SYSTEMS, Inc., (Johnson, David) (Entered: 04/04/2017) 04/04/2017 32 ORDER granting 31 Motion for Clarification; granting 31 Application for Access to Protected Material Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/04/2017) 04/04/2017 31 MOTION for Clarification of Order on Motion to Intervene and Incorporated Request for Admissions to Protective Order (Response due by 4/21/2017.), APPLICATION for Access to Protected Material by Chiow, O'Donnell, Kramer, Hanback, Bacon, filed by THE CBE GROUP, Inc., (Attachments: # 1 Chiow PO Application, # 2 O'Donnell PO Application, # 3 Kramer PO Application, # 4 Hanback PO Application, # 5 Bacon PO Application)(Chiow, Jeffery) (Entered: 04/04/2017) 04/03/2017 (Court only) Deadlines set pursuant to 22 Scheduling Order: (1) Administrative Record due by 4/20/2017; (2) Defendant shall file its Motion for Judgment on the Administrative Record by 5/5/2017; (3) Plaintiff shall file its Response and Cross Motion for Judgment on the Administrative Record by 5/19/2017; (4) Defendant shall file its Response/Reply by 6/2/2017; and (5) Plaintiff shall file its Reply by 6/12/2017. (hwl) (Entered: 04/06/2017) 04/03/2017 30 APPLICATION for Access to Protected Material by James C. Fontana, David B. Dempsey, L. James D'Agostino, Jeffry R. Cook, filed by VALUE RECOVERY HOLDINGS, LLC.(Fontana, James) Modified on 4/4/2017 to change event (ac7). Modified on 4/5/2017 — access allowed, no response filed (hwl). (Entered: 04/03/2017) 04/03/2017 29 APPLICATION for Access to Protected Material by Sharon K. Schiavetti, filed by GC SERVICES LIMITED PARTNERSHIPPack, William) Modified on 4/5/2017 — access allowed, no response filed (hwl). (Entered: 04/03/2017) 04/03/2017 28 APPLICATION for Access to Protected Material by Elizabeth C. Johnson, filed by GC SERVICES LIMITED PARTNERSHIPPack, William) Modified on 4/5/2017 — access allowed, no response filed (hwl). (Entered: 04/03/2017) 04/03/2017 27 APPLICATION for Access to Protected Material by Amba M. Datta, filed by GC SERVICES LIMITED PARTNERSHIP.(Jack, William) Modified on 4/5/2017 — access allowed, no response filed (hwl). (Entered: 04/03/2017) 04/03/2017 26 APPLICATION for Access to Protected Material by David E. Frulla, filed by GC SERVICES LIMITED PARTNERSHIP.(Jack, William) Modified on 4/5/2017 — access allowed, no response filed (hwl). (Entered: 04/03/2017) 04/03/2017 25 APPLICATION for Access to Protected Material by William C. MacLeod, filed by GC SERVICES LIMITED PARTNERSHIP.(Jack, William) Modified on 4/5/2017 — access allowed, no response filed (hwl). (Entered: 04/03/2017) 04/03/2017 24 APPLICATION for Access to Protected Material by William M. Jack, filed by GC SERVICES LIMITED PARTNERSHIP.(Jack, William) Modified on 4/5/2017 — access allowed, no response filed (hwl). (Entered: 04/03/2017) 04/03/2017 23 NOTICE, filed by USA (Attachments: # 1 Affidavit Declaration)(Moore, Lauren) (Entered: 04/03/2017) 04/03/2017 22 SCHEDULING ORDER: Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/03/2017) 04/03/2017 ORDER granting 19 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/03/2017) 04/03/2017 ORDER granting 17 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 04/03/2017) 04/03/2017 21 APPLICATION for Access to Protected Material by Craig A. Holman, Kara L. Daniels, Dana E. Koffman, Sonia Tabriz, Michael E. Samuels, filed by PREMIERE CREDIT OF NORTH AMERICA, LLC. (Attachments: # 1 Exhibit Applications for Access)(Holman, Craig) Modified on 4/5/2017 — access allowed, no response filed (hwl). (Entered: 04/03/2017) 04/01/2017 20 Rule 7.1 Disclosure Statement, filed by VALUE RECOVERY HOLDINGS, LLC. (Fontana, James) (Entered: 04/01/2017) 04/01/2017 19 MOTION to Intervene, filed by VALUE RECOVERY HOLDINGS, LLC.Response due by 4/20/2017.(Fontana, James) (Entered: 04/01/2017) 04/01/2017 18 **SEALED**PROPOSED REDACTED DOCUMENT, filed by CONTINENTAL SERVICE GROUP, Inc., FILED UNDER SEAL. (Attachments: # 1 Proposed Redacted Complaint, # 2 Proposed Redacted Attachment 1 to Complaint, # 3 Proposed Redacted Motion for Temporary Restraining Order and Preliminary Injunction)(Ginsberg, Alexander) (Entered: 04/01/2017) 03/31/2017 (Court only) ***Set/Clear Flags (ar) (Entered: 04/10/2017) 03/31/2017 17 Unopposed MOTION to Intervene, filed by FINANCIAL MANAGEMENT SYSTEMS, Inc., Response due by 4/17/2017, (Attachments: # 1 Rule 7.1 Disclosure Statement, # 2 Text of Proposed Order)(Johnson, David) (Entered: 03/31/2017) 03/31/2017 16 ORDER granting 4 Motion for Protective Order Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 03/31/2017) 03/31/2017 ORDER granting 5 Motion to Seal Document Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 03/31/2017) 03/30/2017 ORDER granting 14 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Entered: 03/30/2017) 03/30/2017 15 Rule 7.1 Disclosure Statement, filed by GC SERVICES LIMITED PARTNERSHIP. (Jack, William) (Entered: 03/30/2017) 03/30/2017 14 MOTION to Intervene, filed by GC SERVICES LIMITED PARTNERSHIP.Response due by 4/17/2017.(Jack, William) (Entered: 03/30/2017) 03/30/2017 ORDER granting 13 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 03/30/2017) 03/30/2017 ORDER granting 8 Motion to Intervene Signed by Chief Judge Susan G. Braden. (rgh) (Entered: 03/30/2017) 03/30/2017 13 Unopposed MOTION to Intervene, filed by Premiere Credit of North America, LLC.Response due by 4/17/2017. (Attachments: # 1 Exhibit Rule 7.1(a) Statement)(Holman, Craig) (Entered: 03/30/2017) 03/30/2017 12 Proposed Pretrial Order Granting Motion for Protective Order, filed by CONTINENTAL SERVICE GROUP, Inc., (Ginsberg, Alexander) (Entered: 03/30/2017) 03/30/2017 11 NOTICE of Appearance by Lauren Springer Moore for USA . (Moore, Lauren) Modified on 4/3/2017 to remove seal (ar). (Entered: 03/30/2017) 03/29/2017 (Court only) Keywords: re: 9 Temporary Restraining Order; RCFC 65(d). (dls) (Entered: 03/30/2017) 03/29/2017 10 **SEALED** Proposed Pretrial Order, filed by CONTINENTAL SERVICE GROUP, Inc., (Ginsberg, Alexander) (Entered: 03/29/2017) 03/29/2017 9 REPORTED MEMORANDUM OPINION and TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. Modified on 3/30/2017 to correct docket text (dw). Modified on 3/30/2017 to edit docket text to reflect that this is an opinion and temporary restraining order.(d1s). (Entered: 03/29/2017) 03/29/2017 8 MOTION to Intervene of Right, filed by THE CBE GROUP, Inc., Response due by 4/17/2017.(Chiow, Jeffery) (Entered: 03/29/2017) 03/29/2017 7 **SEALED** MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, filed by CONTINENTAL SERVICE GROUP, Inc., Response due by 4/17/2017. (Ginsberg, Alexander) (Entered: 03/29/2017) 03/28/2017 6 Rule 7.1 Disclosure Statement, filed by CONTINENTAL SERVICE GROUP, Inc., Service: 3/28/2017. (dw) (Entered: 03/29/2017) 03/28/2017 5 MOTION to Seal Document 1 Complaint., filed by CONTINENTAL SERVICE GROUP, Inc., Service: 3/28/2017. Response due by 4/14/2017. (dw) (Entered: 03/29/2017) 03/28/2017 4 MOTION for Protective Order, filed by CONTINENTAL SERVICE GROUP, Inc., Service: 3/28/2017. Response due by 4/14/2017. (dw) (Entered: 03/29/2017) 03/28/2017 3 NOTICE of Designation of Electronic Case. (dw) (Entered: 03/29/2017) 03/28/2017 2 NOTICE of Assignment to Chief Judge Susan G. Braden. (dw) (Entered: 03/29/2017) 03/28/2017 1 **SEALED** COMPLAINT against USA (ED) (Filing fee $400, Receipt number 9998-3870279) (Copy Served Electronically on Department of Justice), filed by CONTINENTAL SERVICE GROUP, Inc., Answer due by 5/29/2017. (Attachments: # 1 Declaration of Christopher Lang, # 2 Civil Cover Sheet) (dw) (Entered: 03/29/2017)

FootNotes


1. To facilitate a review of this Response, Memorandum Opinion, And Final Order, the court has attached herewith the Docket Sheet in this case.
2. GAO's Decision in Gen. Revenue Corp., B-414220.49, April 6, 2017, 2017 WL 1294988 provides the following procedural history of bid protests related to Solicitation No. ED-F SA-16-R-0009: Between December 19, 2016 and January 9, 2017, [the GAO] received 24 protests relating to [ED's] procurement at issue. After dismissing several protests for various procedural or pleading deficiencies, . . . [the GAO] resolved . . . 17 protests in a protected decision issued on Monday, March 27[, 2017]. The remaining protests, including the protest of [ConServe], challenged [ED' s] evaluation of offerors' small business subcontracting plans, which were evaluated as part of [ED' s] responsibility determinations. * * * On Tuesday, March 28[, 2017], ConServe notified [the GAO] that it was withdrawing its protest, and that it was its `intent to pursue the subject matter of this protest at the [United States] Court of Federal Claims. . . On March 29[, 2017], ConServe filed its sealed complaint with the [United States] Court of Federal Claims. . . . On the same day, [the GAO] acknowledged ConServe's withdrawal and closed [the GAO' s] files without further action.
3. On July 18, 2017, when the United States Court of Appeals for the Federal Circuit ruled to hold Emergency Motions For Stay, in abeyance, it may not have been aware that the United States Court of Federal Claims was advised by the Government on May 19, 2017 that ED would issue "[n]otice of awards and notices of termination" on or before August 25, 2017. ECF No. 122 at 9. If so, the Government's May 19, 2017 Motion To Vacate Preliminary Injunction, Alltran's June 9, 2017 Motion For An Emergency Stay, Pending Appeal, Alltran's July 24, 2017 Motion To Expedite Ruling On Pending Motion For Stay Pending Appeal, as well as the underlying appeals in CAFC Case No. 17-2155, would be moot.

In addition, it appears that the appellate court was under the impression that briefing was completed. CAFC Case No. 17-2155, Dkt. #258. On July 28, 2017, however, ConServe filed a Cross-Motion and Response to Alltran's July 24, 2017 Motion To Expedite On Pending Motion For Stay Pending Appeal. ECF No. 180. To date, neither Alltran nor the Government has filed a response to that Cross-Motion. Consequently, the Case Management Review monthly report from the Office of the Clerk to the court did not reflect and still does not reflect that a ruling on Alltran's July 24, 2017 Motion To Expedite Ruling On Pending Motion For Stay Pending Appeal is due.
4. On September 20, 2017, the United States Court of Appeals for the Federal Circuit granted the Government's Motion For Leave To File The September 14, 2017 Status Report and attachments. ECF No. 195.
5. On June 20, 2017, the United States Court of Appeals for the Federal Circuit consolidated the cases on appeal. CAFC Case No. 17-2155, Dkt. #20.
6. RCFC 60(b)(6) is the only provision of this Rule relevant to the Government's May 19, 2017 Motion To Vacate Preliminary Injunction.
Source:  Leagle
Lawyers who claimed
No Lawyers
Citations
17-449 17-493 17-499. 17-517 17-558 17-578 17-633
Counsels
  • Todd John Canni
  • Anuj Vohra
  • Thomas Andrew Coulter
  • Daniel R. Forman
  • Thomas Leo McGovern, III
  • Seamus Curley
  • Stuart B. Nibley
  • Jonathan D. Shaffer
  • Jonathan S. Aronie
  • Lauren Springer Moore
  • Alexis J. Echols
  • David Richard Pehlke
  • Sheryl Lynn Floyd
  • Jeffery Mitchell Chiow
  • Craig Alan Holman
  • William M. Jack
  • James C. Fontana
  • David Thomas Ralston, Jr.
  • John Ryan Prairie
  • David Ronald Johnson
  • Thomas Parker McLish
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