The court had granted the protester's motion for a protective order. However, after the protester publicly filed protected material several times and failed to make timely requests for extensions, the court sua sponte dismissed the protester's complaint for failure to prosecute.
American Tech Solutions, LLC v. United States, COFC No. 25-27C
- Background - The government awarded a contract for information technology services to Knight Federal Solutions (Knight). The protester asked the court to void the award and make award the protester instead. The court granted the protester's requested protective order, but the protester struggled to comply with it. The protester publicly filed documents that contained protected material several times.
- Show-Cause & Timeliness - After repeatedly warning the protester of its violations, the court required the protester to show cause why it should not be sanctioned for its failures to comply. While this order was pending, the protester failed three times to request an extension of time to file its motion for judgment. The protester's counsel attributed the delay to addressing problems and computer failures.
- Dismissal - The court ordered the protester to file its motion for judgment by March 13, 2025. When the protester failed to do so, the court sua sponte dismissed the protester's complaint without prejudice for failure to prosecute under rule 41(b) of the Rules of the Court of Federal Claims. The Court ultimately explained how the protester's multiple missed deadlines and repeated violations of court rules and orders warranted dismissal.
David B. Dempsey of Dempsey Law PLLC represented the protester. Collin T. Mathias of the DOJ represented the government. Joseph M. Goldstein of Shutts & Bowen LLP represented the defendant-intervenor.
-- Case summary by Joshua Lim, Assistant Editor.