I have looked into the jurisdiction question before starting to draft because I could not tell at first which court has jurisdiction. The CFC has only limited jurisdiction, but shares concurrent jurisdiction over some matters with the US District Courts. My reading of the attached statutes is that if the dispute was about an actual contract, we would have to go to the CFC and would need to comply with their rules of procedure. However, because what we are asking for is equitable relief to get an administrative agency to perform an action (approve a company so that it will be eligible to bid on federal contracts) which I think relates to status rather than a specific contract, I think we can file in the District Court. Otherwise I agree that we can make CSSS.net the only Plaintiff and just mention Lisa in the facts portions of the pleadings. From: Haytham Faraj [mailto:haytham@puckettfaraj.com] I began to do some work on it and found myself getting distracted by my trail preparations. I did manage to look up a case which allowed me to double check or at least review the causes of action. I removed Lisa’s name is plaintiff but now I am reconsidering. What do you think. Her name will certainly appear within the body but do we need to name her? I believe the court of proper jurisdiction will be the Court of Federal Claims. I am not licensed there but it should not be difficult getting a license. I would rather do it in the DC District Court. Can you find some law or rule to support keeping it in the DC District Court? From: MaryJo Provenzano [mailto:maryjo1@puckettfaraj.com] Haytham: I have worked on the attached draft Complaint and send it to you in case you have some time to look at it over the weekend. I do not consider this a finished product but am interested in your comments as to whether I am going in the right direction. Also, I believe once I have the Complaint done, we should also file a Motion for Mandatory Injunction asking for the relief requested in the Complaint in the form of a preliminary mandatory injunction for CVE to : 1. issue a final ruling on the application after reviewing the request for reconsideration, and 2. reinstated CSSS.net to VETBIZ. I think to do this I need some information from Lisa regarding the amount of damage or potential damage that is being done to her business because of the agency's arbitrary and capricious failure to do what it's supposed to do. Do you agree? If so, I will get you a draft motion early next week, but to complete it I'm probably going to need some "damage" info from Lisa. Mary Jo Provenzano Paralegal PUCKETT & FARAJ, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DC ׀ CA ׀ MI ׀ VA twitter.com/puckettfaraj Practice is limited to matters and proceedings before special courts - federal courts - agencies. Confidentiality / Privilege Notice: This transmission, including attachments, is intended solely for the use of the designated recipient(s). This transmission may contain information that is confidential and/or privileged or otherwise protected from disclosure. The use or disclosure of the information contained in this transmission for any purpose other than that intended by its transmittal is strictly prohibited. If you are not an intended recipient of this transmission, please immediately destroy all copies received and notify the sender. No virus found in this message. |
Attachment:
28 USC 1331 Fed Quest Jursid Fed D Ct.doc
Description: MS-Word document
Attachment:
28 USC 1346 Jursid of US Dist Ct.doc
Description: MS-Word document
Attachment:
28 USC 1491 Jurisd of Ct Fed Cl.doc
Description: MS-Word document