Acta, LLC v. United States

In the United States Court of Federal Claims No. 20-356C (Filed May 26, 2020) * * * * * * * * * * * * * * * * * * * * ACTA, LLC, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant, * * and * * UNCOMN, LLC, * * Defendant-Intervenor. * * * * * * * * * * * * * * * * * * * * * ORDER The preliminary injunction, previously secured by plaintiff in this bid protest, see Order (April 24, 2020), ECF No. 37, has resulted in a new evaluation and award decision, see Notice, ECF No. 50; Joint Status Report at 2, ECF No. 52. Plaintiff has moved for a voluntary dismissal, to which defendant will consent but not defendant- intervenor. Under these circumstances, however, the new award has made the matter brought here moot, and the awardee has no claim in this matter to preserve.

See Tech. Innovation, Inc. v. United States, 93 Fed. Cl. 276, 279 (2010). Accordingly, plaintiff’s motion for a voluntary dismissal is GRANTED under Rule 41(a)(2) of the Rules of the United States Court of Federal Claims. The Clerk shall close the case.

IT IS SO ORDERED.

s/ Victor J. Wolski VICTOR J. WOLSKI Senior Judge