No. 06-74

Emerald Coast Finest Produce Co., Inc. v. United States

Nov 21, 2006Judge HewittU.S. Court of Federal Claims
Bid protestNo topicProcedural ruling

Key Facts

Plaintiff
Emerald Coast Finest Produce Co., Inc.
Case number
No. 06-74The listing writes it as 06-74C, which names every case in a consolidated group.
Decided
Nov 21, 2006
Judge
Hewitt (from the court's own opinion filename)
As the opinion prints it
No. 06-742 C

Matter

Bid protest

Matter is contract dispute, bid protest, or both. For a decision read from the curated listing it is the listing's own arrangement; for a decision read from the court's own feed it is the court's Nature of Suit where the official record holds one, and otherwise what the opinion's own opening states. Where the official record is available, the court's own Nature of Suit appears beside it.

Topics

No topic

Topics are an editorial grouping of the decisions read from the curated listing, not a classification by the court. A decision listed under several topics carries all of them. Bid protests carry no topic at all, and neither does a decision read from the court's own feed: no grouping was published for them.

Appearances

For plaintiff
Cyrus E. Phillips, IV
Washington, DC
For the United States
Leslie Ohta
United States Department of Justice
Washington, DC
Opinion PDF (uscourts.gov) U.S. Court of Federal Claims opinions and ordersThe opinion document is hosted by the U.S. Court of Federal Claims itself, so it is an official copy, and the court's own opinions page is the source of record. The outcome, topics and appearances above are derived deterministically from the court's record and the opinion's own text.

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Full Opinion

Full text of the opinion3 pages, 3,437 characters, read from the court's own documentFiled Nov 21, 2006 Decision documentOfficial source: U.S. Court of Federal Claims opinions and ordersThe document states: No. 06-742 C

Authorities cited

1 authority read from this opinion's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Tucker Act and the Judicial Code1

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Cases cited

4 cases this opinion cites, grouped by the forum that decided each, in the order it first names them. 4 of them open at a publisher.

Read from the opinion's own words with no model involved: the party names and the citation are as the opinion prints them. A case cited to a reporter is not held here, so where it opens was confirmed one citation at a time against an outside database and is labelled as leaving this app; a citation that database could not place, or matched to more than one case, is shown without a link rather than guessed at. A case named without a citation of any kind carries nothing to read, so it is left out rather than guessed at, and this is a floor on what the opinion cites.

In the United States Court of Federal Claims

No. 06-742 C

(E-Filed: November 21, 2006)

Bid Protest; Motion to Intervene EMERALD COAST FINEST PRODUCE CO.

INC.,

Plaintiff,

v.

THE UNITED STATES,

Defendant,

and

MILITARY PRODUCE GROUP, LLC,

Defendant-Intervenor.

The case caption as the opinion prints it. The box the court draws around it is a rule rather than text, so it is not repeated here; every word is.

For the plaintiff
Cyrus E. Phillips, IV
Washington, DC
As the opinion writes it

Cyrus E. Phillips, IV, Washington, DC, for plaintiff.

For the government
Leslie Ohta
United States Department of Justice
Washington, DC
As the opinion writes it

Leslie Ohta, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, for defendant. Daniel Weckstein, with whom were Walter B. Martin and Stephanie M. Himel-Nelson, Norfolk, VA, for defendent-intervenor.

Cyrus E. Phillips, IV, Washington, DC, for plaintiff.

Leslie Ohta, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, for defendant.

Daniel Weckstein, with whom were Walter B. Martin and Stephanie M. Himel-Nelson, Norfolk, VA, for defendent-intervenor.

Order

Before the court is applicant’s Motion to Intervene of Awardee, Military Produce Group, LLC (Motion or Mot.). Neither plaintiff nor defendant opposes this motion. Military Produce claims “an unconditional right” to intervene under 28 U.S.C. § 1491(b). Mot. 3. However, this statute merely confers on the Court of Federal Claims jurisdiction over actions by “an interested party” who objects to a Federal agency’s bid solicitation, proposed award, award, or any other violation of statute or regulation related to the procurement process. 28 U.S.C. § 1491(b) (2000). This provision does not confer “an unconditional right” to intervene. Anderson Columbia Env’t, Inc. v. United States, 42 Fed. Cl. 880, 883 (1999).

Military Produce Group, LLC (Military Produce) also seeks an intervention of right under Rule 24(a) of the Rules of the United States Court of Federal Claims (RCFC), or alternatively, a permissive intervention under RCFC 24(b). Mot. 3. RCFC 24(a) provides that:

Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

RCFC 24(a)(2) is applicable to Military Produce’s Motion.

The court must construe RCFC 24(a) requirements in favor of intervention. Am.

Maritime Transp., Inc. v. United States, 870 F.2d 1559, 1561 (Fed. Cir. 1989). An applicant need only make well-pled allegations for the court to accept them as valid. Armour of Am. v. United States, 70 Fed. Cl. 240, 243 (2006) (citing United States v. Am. Tel. & Tel. Co., 642 F.2d 1285, 1291 (D.C. Cir. 1980)). Military Produce asserts that “[a]s successful awardee, [it] is an interested party whose economic well[-]being will or may be affected by this case and these proceedings.” Mot. 3, ¶ 15. Based on this representation, the motion is GRANTED.

Defendant-intervenor shall file with the court its response to plaintiff’s motion and its cross-motion for judgment on the administrative record on or before Tuesday, December 19, 2006. See Order of November 3, 2006. Defendant-intervenor shall file its reply to plaintiff’s response on or before Wednesday, January 17, 2006. Id.

The parties are urged to contact the court at any time when they believe the involvement of the court will help to secure the just, speedy, and inexpensive determination of this action. See RCFC 1.

IT IS SO ORDERED.

s/Emily C. Hewitt

EMILY C. HEWITT

Judge

This is a verbatim capture of the text layer of the court's own document in Emerald Coast Finest Produce Co., Inc. v. United States. Nothing is summarized or reworded, and the sections run in the order the court wrote them. Two things the page shows are not repeated in the text: the rule the court draws around its caption, and the pagination furniture (the page numbers and the electronic filing stamp printed across the top of each page).

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