*1 Case 1:11-cv-00294-FMA Document 57 Filed 08/19/11 Page 1 of 1 In The United States Court of Federal Claims
No. 11-294C (Filed: August 19, 2011) __________ NETSTAR-1 GOVERNMENT
CONSULTING, INC.,
Plaintiff, v.
THE UNITED STATES,
Defendant, and
ALON, INC.,
Defendant-Intervenor. _________ ORDER _________ On August 10, 2011, defendant filed a notice of corrective action and motion to dismiss this case under RCFC 12(b)(1). On August 17, 2011, plaintiff filed a response objecting to defendant’s motion.
In the court’s view, defendant’s proposed corrective action does not provide plaintiff with effective relief, but, in fact, appears to be designed to allow defendant to provide a post hoc rationale for the award decision already made. In the court’s view, true corrective action here would require, at a minimum, that defendant cancel the award in question. As defendant has not offered to do this, its motion is hereby DENIED .
IT IS SO ORDERED .
s/ Francis M. Allegra Francis M. Allegra Judge