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Contract analysis / proposed-order-granting-stay.docx
proposed-order-granting-stay.docx
1019-00005 · 6 clauses
High · 0 Medium · 3 Standard · 0
1. Stay Granted. All proceedings in this action, Case No. 1:22-cv-10147-RMB, are hereby ST Medium
⚑ Liability cap to check against exposure
1. Stay Granted. All proceedings in this action, Case No. 1:22-cv-10147-RMB, are hereby STAYED pending the conclusion of the DCMA administrative review of cost overruns under Prime Contract No. FA8620-19-C-0337, including but not limited to the issuance of a Contracting Officer's Final Decision by Administrative Contracting Officer Lt. Col. Sandra M. Vickers, USAF, or the final resolution of the administrative claim
2. Joint Status Reports Required Every 120 Days. The parties shall file joint status repor Medium
⚑ Liability cap to check against exposure
2. Joint Status Reports Required Every 120 Days. The parties shall file joint status reports with this Court every one hundred and twenty (120) days from the date of this Order, advising the Court of the following: (a) the current status of the DCMA administrative review of cost overruns under Prime Contract No. FA8620-19-C-0337; (b) whether a Contracting Officer's Final Decision has been issued, and if so, the date
3. Obligation to Notify upon Conclusion of Administrative Review. Within fourteen (14) cal
3. Obligation to Notify upon Conclusion of Administrative Review. Within fourteen (14) calendar days of the issuance of a Contracting Officer's Final Decision or other final resolution of the DCMA administrative review — including, without limitation, a settlement of the administrative claim, a withdrawal of the request for a Contracting Officer's Final Decision, or the expiration of the statutory decision period und
4. Right to Move to Lift the Stay. Either party may, upon good cause shown and in accordan
4. Right to Move to Lift the Stay. Either party may, upon good cause shown and in accordance with the applicable provisions of the Federal Rules of Civil Procedure and the Local Rules of this Court, move to lift the stay at any time. Any such motion shall be made on notice to the opposing party and shall set forth with particularity the grounds upon which relief is sought, including any changed circumstances warranti
5. All Deadlines Tolled. All deadlines in this action, including but not limited to discov Medium
⚑ Liability cap to check against exposure
5. All Deadlines Tolled. All deadlines in this action, including but not limited to discovery deadlines, expert disclosure deadlines, dispositive motion deadlines, pretrial scheduling deadlines, and any other deadlines previously set by order of this Court or by agreement of the parties, are hereby TOLLED for the duration of the stay. Upon the lifting of the stay, the Court will confer with the parties and enter a re
6. Preservation of Claims and Defenses. This stay shall not affect, diminish, waive, or ot
6. Preservation of Claims and Defenses. This stay shall not affect, diminish, waive, or otherwise prejudice the rights, claims, defenses, counterclaims, or affirmative defenses of any party to this action, all of which are expressly preserved in full. Nothing in this Order shall be construed as a ruling on the merits of any claim or defense, nor shall the granting of this stay be deemed an admission by any party as t